Berg v. Cahill (2d Dep’t 2023) – Opinion addresses when an easement can be interpreted to be “exclusive” and whether the owner can use and widen the roadway for its own benefit
Grosbard v. Abbey on Willow Lane LLC
Grosbard v. Abbey on Willow Lane LLC, 192 A.D.3d 773 (2d Dep’t 2021) – Opinion applies easement rules limiting the use of a right of way for ingress and egress to the right of passage only, not to the full extent of the easement area
Martin v. Robins
Martin v. Robins, Suffolk Index No. 22818/2004 (Supreme Court, Suffolk County 2016) – Decision after trial addresses and dismisses all claims stemming from a dispute over the scope and extent of an easement and right-of-way
Reyes v. Carroll
Reyes v. Carroll, 2016 NY Slip Op. 1656 (App. Div., 2nd Dep’t 2016) – Opinion involves an adverse possession claim that was defeated because the plaintiff had, during the period of claimed occupancy, removed a fence at the owner’s request, thereby defeating the hostility of the possession.
MKG Georgica LLC v. Popcorn
MKG Georgica LLC v. Popcorn, Index No. 2014-3195 (Supreme Ct., Suffolk Co. 2015) – Case involves a denial of an adverse possession claim due to the claimant’s inability to “tack on” to her predecessor’s alleged adverse possession.
Zupa v. Keitt
Zupa v. Keitt, 84 A.D.3d 792 (App.Div., 2nd Dep’t 2011); Zupa v. Paradise Point Assn.., 31 A.D.3d 538 (App.Div., 2nd Dep’t 2006); and Paradise Point Assn., Inc. v. Zupa, 22 A.D.3d 818 (App.Div., 2nd Dep’t 2005) – Series of cases involving a homeowner association’s deeded and riparian rights and prescriptive easements over a private landowner’s property.
Chanos v. Madac
Chanos v. Madac LLC, 74 A.D.3d 1007 (App.Div., 2nd Dep’t 2010) – Opinion establishes when a title dispute becomes ripe for review
Zhang v. Coritsidis
Zhang v. Coritsidis, 2011 NY Slip Op 8934 (App.Div., 2nd Dep’t 2011) – Opinion involves the rights of an owner benefitted by an easement and right of way over another property, from the street to the beach and waters of the Long Island Sound.
Bridgehampton Development Corp. v. County of Suffolk
Bridgehampton Development Corp. v. County of Suffolk, NY Slip Op 04963 (App.Div., 2nd Dep’t 2012) – Opinion involves the defective title that can result from a county’s attempt to take property for unpaid taxes without providing the required “due process” notice of the tax lien sale
Birch Tree Partners LLC v. Windsor Digital Studio LLC
Birch Tree Partners LLC v. Windsor Digital Studio LLC, 2015 N.Y. Slip Op. 07807 (App.Div., 2nd Department 2015) – Opinion involves an unsuccessful adverse possession claim, where the plaintiff had attempted to “tack on” to the alleged prior possession of its predecessor.