Mandia v. King Lumber & Plywood Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Brien, J.
The issue presented on this appeal is whether the defendants abused an easement over a private roadway on the plaintiff’s property. The roadway, which was described as a narrow dirt lane prior to 1981, was transformed by the defendants into a paved street about 50 feet wide, accommodating tractor-trailer traffic to their lumberyard. We agree with the trial court’s conclusion that the defendants did indeed abuse their right-of-way over the plaintiff’s property and that they are required to restore the roadway to its former condition. However, in view of the broad…
2Cases cited16 opinions
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
- Phillips v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1986
- Dalton v. LevyNew York Court of Appeals · 1932
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3Cited by40 opinions
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- Tarr v. DelsenerAppellate Division of the Supreme Court of the State of New York · 2005
- Ledley v. D.J. & N.A. Management, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
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