Legal Opinion

Hanigan v. State

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

Decided July 13, 1995PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

In this action, plaintiffs claim ownership of a parcel of real property in the Town of Lake Luzerne, Warren County, which entirely contains Stewart Pond, a body of water approximately 28 acres in size. A Town highway, known as Hall Hill Road, extends some distance into plaintiffs’ property and at one point borders upon or near the shoreline of Stewart Pond. The road stops on plaintiffs’ property at a point approximately 400 feet north of and past the overflow culvert of the pond. It is generally agreed that the road is a highway by use (see, Highway Law § 189) and…

2Cases cited9 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Morgan v. . KingNew York Court of Appeals · 1866
  4. Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
  5. People v. BeriguetteNew York Court of Appeals · 1994

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3Cited by12 opinions

  1. Mohawk Valley Ski Club, Inc. v. Town of DuanesburgAppellate Division of the Supreme Court of the State of New York · 2003
  2. Newton v. Town of MiddletownAppellate Division of the Supreme Court of the State of New York · 2006
  3. Rogers v. South Slope Holding Corp.New York Supreme Court · 1997
  4. Dale v. ChisholmAppellate Division of the Supreme Court of the State of New York · 2009
  5. Marchand v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2008

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

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