Legal Opinion

Lane v. Jacobs

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

Decided January 20, 1915PublishedCited by 6 opinions

Appeal by the plaintiff, Charles M. Lane, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the comity of Monroe on the 25th day of July, 1913, upon the decision of the court after a trial at the Monroe Equity Term.

1Opinion of the Court

Merrell, J.:

This is an action in equity involving the location and establishment of the division line between adjoining residential properties of the parties on Arnold park in the city of Bochester. The plaintiff avers that defendant is about to erect a division fence separating the lands of the parties, and in so doing will encroach upon plaintiff’s lot, and seeks injunctive relief to restrain the defendant.

A careful examination of the record leads me to the conclusion that the differences between these neighbors involve property rights of little or no substantial value, and that this…

2Cited by6 opinions

  1. Erie Railroad v. KaplowitzNew York Supreme Court · 1954
  2. Wildove v. PapaAppellate Division of the Supreme Court of the State of New York · 1928
  3. McMahon v. MorseNew York Supreme Court · 1929
  4. Van Dusen v. LomonacoNew York Supreme Court · 1960
  5. Costa v. BengerAppellate Division of the Supreme Court of the State of New York · 1929

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