Legal Opinion
DAVIS, JAMES S. v. WISKUP, SR., THOMAS T.
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2013No. CA 12-00933Published
1Opinion of the Court
Appeal from a judgment of the Supreme Court, Cattaraugus County (Gerald J. Whalen, J.), entered April 24, 2012. The judgment dismissed the complaint and adjudged that defendant Potter Lumber Company, Inc. is entitled to a prescriptive easement over a certain portion of Bushey Road, Hinsdale.
It is hereby ordered that the judgment so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Cattaraugus County, for further proceedings in accordance with the following memorandum: In this action pursuant to RPAPL article 15, plaintiffs appeal from a…
2Cases cited6 opinions
- People v. County of WestchesterNew York Court of Appeals · 1940
- Burbank v. . FayNew York Court of Appeals · 1875
- Litwin v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1994
- De Haan v. Broad Hollow Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- DeMato v. MallinAppellate Division of the Supreme Court of the State of New York · 2009
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