Legal Opinion

Ellison Heights Homeowners Ass'n v. Ellison Heights LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2013No. Appeal No. 1Published

1Opinion of the Court

*1303Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (William E Eolito, J.), entered September 4, 2012. The order and judgment, among other things, dismissed the first cause of action against all defendants and dismissed the remainder of the amended complaint against defendant Town of Penfield.

It is hereby ordered that the appeal from the order and judgment insofar as it concerns the easement over the emergency access driveway is dismissed and the order and judgment is unanimously modified on the law by deleting the fourth ordering paragraph insofar as it grants a…

2Cases cited11 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  3. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  4. Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
  5. Voorheesville Rod & Gun Club, Inc. v. E. W. Tompkins Co.New York Court of Appeals · 1993

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