Legal Opinion
Burgher v. AF III Properties, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2011PublishedCited by 2 opinions
1Opinion of the CourtKavanagh, J.
Appeal from an order of the Supreme Court (Coccoma, J.), entered November 25, 2009 in Otsego County, which, among other things, partially denied plaintiffs’ motion for summary judgment.
Plaintiffs operate an automotive repair shop in the Town of Oneonta, Otsego County, which is located on property immediately adjacent to a shopping center owned by defendant. Plaintiffs enjoy a right-of-way on the western boundary of defendant’s property, which their customers use to access the garage bays located on the side of their repair shop. After defendant repaved portions of a driveway located on its…
2Cases cited6 opinions
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Golonka v. Plaza at Latham, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
- Congregation B'nai Jehuda v. Hiyee Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Spellburg v. South Bay Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- 517 Union St. Associates LLC v. Town Homes of Union Square LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Silverman v. DoellAppellate Division of the Supreme Court of the State of New York · 2016