Legal Opinion
Carlo v. Lushia
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1988PublishedCited by 7 opinions
1Opinion of the CourtCasey, J.
Appeal from a judgment of the Supreme Court (Viscardi, J.), entered April 3, 1987 in Clinton County, upon a decision of the court, without a jury, in favor of plaintiff Charles Carlo, Jr.
At issue on this appeal is whether Supreme Court erred in finding that plaintiff Charles Carlo, Jr. (hereinafter plaintiff) had an easement by necessity over land owned by defendants Emery Lushia and Rita Lushia (hereinafter defendants) in the Town of Chazy, Clinton County. "A way of necessity arises where there is a conveyance of a part of a tract of land of such nature and extent that either the part…
2Cases cited5 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Heyman v. . BiggsNew York Court of Appeals · 1918
- Kent v. DuttonAppellate Division of the Supreme Court of the State of New York · 1986
- Lianza v. MarxAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by7 opinions
- U.S. Cablevision Corp. v. TheodoreuAppellate Division of the Supreme Court of the State of New York · 1993
- Jackson v. NashNevada Supreme Court · 1993
- Mobile Motivations, Inc. v. LenchesAppellate Division of the Supreme Court of the State of New York · 2006
- Van Schaack v. TorsosAppellate Division of the Supreme Court of the State of New York · 1990
- Meyer v. StoutAppellate Division of the Supreme Court of the State of New York · 2007
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