Legal Opinion

Kusmierz v. Baan

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1988PublishedCited by 7 opinions

1Opinion of the CourtMikoll, J.

Appeal from an order of the Supreme Court (Connor, J.), entered October 23, 1987 in Ulster County, which denied a motion by defendant and intervenors for summary judgment dismissing the complaint.

Plaintiffs own and reside upon property contiguous to the property owned by intervenors Wallace H. Mahan, Jr., and Mary Lou Mahan, which they lease to defendant, Robert Baan. Between plaintiffs’ and the Mahans’ property is a 50-foot right-of-way owned by intervenor Frank Troncillito upon which there runs a drainage pipe.

Plaintiffs commenced this action against Baan claiming, inter alia, that he…

2Cases cited9 opinions

  1. Green v. LeibowitzAppellate Division of the Supreme Court of the State of New York · 1986
  2. Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
  3. Abbott v. HerringAppellate Division of the Supreme Court of the State of New York · 1983
  4. Abbott v. HerringNew York Court of Appeals · 1984
  5. Borruso v. MorrealeAppellate Division of the Supreme Court of the State of New York · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wechsler v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1993
  2. Pickett v. WhippleAppellate Division of the Supreme Court of the State of New York · 1995
  3. Zutt v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  4. Danial v. Town of DelhiAppellate Division of the Supreme Court of the State of New York · 1992
  5. Hamilton v. KennedyAppellate Division of the Supreme Court of the State of New York · 1990

2 more not listed; retrieve them via the Exa API.

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