Bernat v. Echo Society of Niagara Falls

New York Court of Appeals

Bernat v. Echo Society of Niagara Falls

7 N.Y.2d 914

CourtNew York Court of Appeals

DecidedJanuary 21, 1960

StatusPublished

Cited by1 cases

This text of 7 N.Y.2d 914 (Bernat v. Echo Society of Niagara Falls) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernat v. Echo Society of Niagara Falls, 7 N.Y.2d 914 (N.Y. 1960).

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Opinion

Judgment reversed and new trial granted, with costs to abide the event. The court erred in dismissing the complaint at the close of plaintiffs’ case since questions of fact were presented (1) as to whether plaintiffs had adverse possession of the land in dispute under a claim of title, and (2) as to whether they were entitled to “tack” their possession onto that of their predecessors in order to establish an adverse holding for the requisite statutory period. (Civ. Prac. Act, § 40; see, also, Belotti v. Bickhardt, 228 N. Y. 296, 302, 306; Barnes v. Light, 116 N. Y. 34, 37, 39.) No opinion. Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Judgment reversed and new trial granted, with costs to abide the event. The court erred in dismissing the complaint at the close of plaintiffs’ case since questions of fact were presented (1) as to whether plaintiffs had adverse possession of the land in dispute under a claim of title, and (2) as to whether they were entitled to “tack” their possession onto that of their predecessors in order to establish an adverse holding for the requisite statutory period. (Civ. Prac. Act, § 40; see, also, Belotti v. Bickhardt, 228 N. Y. 296, 302, 306; Barnes v. Light, 116 N. Y. 34, 37, 39.) No opinion. Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Bluebook (online)

7 N.Y.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernat-v-echo-society-of-niagara-falls-ny-1960.

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