Legal Opinion

Hassinger v. Kline

New York Supreme Court

Decided July 31, 1981PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Robert J. Stolarik, J.

Plaintiffs (Hassinger) are seeking a declaratory judgment for an easement by prescription, and injunctive relief, precluding defendants from interfering with the claimed right of way over defendants’ lands. Defendants (Kline), in addition to entering several denials and affirmative defenses, also interpose a counterclaim against their predecessors in title (Blanche) for a breach of covenant and against the plaintiff, seeking damages for trespass and counsel fees.

Defendants took title to lands on Bulsontown Road, Stony Point, New York, in 1978. Upon…

2Cases cited21 opinions

  1. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  2. Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
  3. Wiseman v. . LucksingerNew York Court of Appeals · 1881
  4. Heller v. . CohenNew York Court of Appeals · 1897
  5. Pirman v. ConferNew York Court of Appeals · 1937

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3Cited by2 opinions

  1. 315 Main Street Poughkeepsie, LLC v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  2. Gallea v. Hess Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1987

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