Simmons v. Westwood Apartments Co.
New York Supreme Court
1Opinion of the CourtRichard D. Simons, J.
This action is brought by the plaintiffs to enjoin a trespass to real estate and to recover damages sustained thereby.
On September 26, 1956, the plaintiffs purchased a large tract of land fronting a distance of 442.2 feet on West Genesee Street in the Town of Oamillus, Onondaga County, New York. Bunniug southerly from West Genesee Street on the-westerly side of the tract is the so-called Whedon Boad, never formally dedicated as a street but used by the public and maintained, repaired and plowed by the town for over 30 years.
In 1958, the plaintiffs entered into a contract with the Grand Union…
2Cases cited20 opinions
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Newton v. . BronsonNew York Court of Appeals · 1856
- Clason v. . BaldwinNew York Court of Appeals · 1897
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- DeCarlo v. Archie Comic Publications, Inc.District Court, S.D. New York · 2001
- Sterling v. Interlake Industries Inc.District Court, E.D. New York · 1994
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