Forsyth v. Clauss
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff has a prescriptive easement over the defendants’ property, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Richmond County (Mastro, J.), dated October 16, 1996, as granted the defendants’ motion to dismiss the complaint and denied those branches of her motion which were for summary judgment on the first and second causes of action asserted in the complaint.
Ordered that the order is modified, on the law, by deleting the provision thereof directing that a judgment be entered…
2Cases cited5 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Monte v. DiMarcoAppellate Division of the Supreme Court of the State of New York · 1993
- Pickett v. WhippleAppellate Division of the Supreme Court of the State of New York · 1995
- Turner v. BaisleyAppellate Division of the Supreme Court of the State of New York · 1993
- Four S Realty Co. v. DynkoAppellate Division of the Supreme Court of the State of New York · 1994
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- Rozenberg v. BacigalupoAppellate Division of the Supreme Court of the State of New York · 2005
- Vitale v. WittsAppellate Division of the Supreme Court of the State of New York · 2012