Legal Opinion

Miller v. Rau

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

Decided May 6, 1993PublishedCited by 15 opinions

1Opinion of the CourtLevine, J.

Appeal from a judgment of the Supreme Court (Hughes, J.), entered January 10, 1992 in Schoharie County, upon a decision of the court in favor of defendants.

The parties own adjacent lots located in the Town of Summit, Schoharie County. Plaintiffs 75-acre parcel to the northeast of defendants’ parcel is landlocked, except for his claim to a prescriptive easement over a roadway located on defendants’ property. The Town and County ceased maintaining the roadway in the 1930s after it fell out of public use. In 1940, a common grantor conveyed the respective parcels to the parties’ predecessors in…

2Cases cited9 opinions

  1. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  2. Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
  3. Consolidated Rail Corp. v. MASP Equipment Corp.New York Court of Appeals · 1986
  4. Beutler v. MaynardNew York Court of Appeals · 1982
  5. Slater v. WardAppellate Division of the Supreme Court of the State of New York · 1983

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

3Cited by15 opinions

  1. Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
  2. Gorman v. HessAppellate Division of the Supreme Court of the State of New York · 2003
  3. Stock v. OstranderAppellate Division of the Supreme Court of the State of New York · 1996
  4. Alexy v. SalvadorAppellate Division of the Supreme Court of the State of New York · 1995
  5. Led Duke v. SommerAppellate Division of the Supreme Court of the State of New York · 1994

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

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