Legal Opinion

Kingston Model Railroad Club, Inc. v. Eleven Main Group, LLC

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

Decided December 4, 2014Published

1Opinion of the CourtDevine, J.

Appeal from an order of the Supreme Court (Work, J.), entered April 4, 2013 in Ulster County, which, among other things, partially granted plaintiffs cross motion for partial summary judgment.

In 1989, Catherine Rapp conveyed property to Michael Dobbs and Pamela Dobbs and included a provision in the deed stating that it was “[s]ubject to the right of [plaintiff] to occupy the concrete block and frame one story former railroad building under an oral lease at an annual rent of $1,000.00.” In 1998, the Dobbses executed a deed conveying the property to Michael Dobbs containing the same language…

2Cases cited7 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
  3. 328 Owners Corp. v. 330 West 86 Oaks Corp.New York Court of Appeals · 2007
  4. Connor v. Tee Bar Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Brody v. OngeAppellate Division of the Supreme Court of the State of New York · 1990

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