Legal Opinion

Desmond v. Town of Summit

New York County Courts

Decided June 24, 1975PublishedCited by 10 opinions

1Opinion of the CourtRobert H. Ecker, J.

Plaintiffs bring these actions in trespass to recover damages against the Town of Summit for destroying parts of a stone wall fence and a number of trees during the course of the reconstruction in 1973 of Merwin Road.

Merwin Road is a town highway acquired by user.

On August 10, 1973, plaintiffs Fasihi-Chirazi purchased HVi acres of land lying from the center line of the town road northerly.

Plaintiffs Desmond the same day acquired 9.931 acres of land lying across from the Fasihi-Chirazi property from the center line southerly.

Merwin Road was then a dirt road with the traveled bed varying from…

2Cases cited19 opinions

  1. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  2. Palmer v. . PalmerNew York Court of Appeals · 1896
  3. Walker v. . CaywoodNew York Court of Appeals · 1865
  4. Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
  5. Osborne v. . Auburn Telephone Co.New York Court of Appeals · 1907

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3Cited by10 opinions

  1. People v. MisevisAppellate Division of the Supreme Court of the State of New York · 1989
  2. Usher v. MobbsNew York Supreme Court · 1985
  3. People v. Misevis, New York County Courts1988
  4. Flacke v. Town of FineNew York Supreme Court · 1982
  5. Engman v. Tompkins CountyAppellate Division of the Supreme Court of the State of New York · 1989

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