Legal Opinion

Zubli v. Community Mainstreaming Associates, Inc.

New York Supreme Court

Decided December 11, 1979PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Douglas F. Young, J.

This court is presented with motions by the various parties in the above-entitled action. Each of the defendants moves to dismiss the complaint and/or for summary judgment (Motion Nos. 100, 101, 102 and 103) and plaintiffs cross-move for summary judgment (Motion No. 104).

This action was initially commenced by plaintiffs against the defendants to enjoin permanently the threatened use by the defendant Community Mainstreaming Associates, Inc. ("CMA”) of the easement over plaintiffs’ driveway for a purpose other than its express use, to wit; as a means of…

2Cases cited39 opinions

  1. Boddie v. ConnecticutSupreme Court of the United States · 1971
  2. People v. BroadieNew York Court of Appeals · 1975
  3. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  4. Van Berkel v. PowerNew York Court of Appeals · 1965
  5. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976

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3Cited by15 opinions

  1. Crane Neck Ass'n v. New York City/Long Island County Services GroupNew York Court of Appeals · 1984
  2. Costley v. Caromin House, Inc.Supreme Court of Minnesota · 1981
  3. Mehta v. SurlesDistrict Court, S.D. New York · 1989
  4. Zubli v. Community Mainstreaming Associates, Inc.New York Court of Appeals · 1980
  5. Van Schaack v. TorsosAppellate Division of the Supreme Court of the State of New York · 1990

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