Hamilton v. Murphy

79 A.D.3d 1210, 913 N.Y.S.2d 372
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 2, 2010
StatusPublished
Cited by17 cases

This text of 79 A.D.3d 1210 (Hamilton v. Murphy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. Murphy, 79 A.D.3d 1210, 913 N.Y.S.2d 372 (N.Y. Ct. App. 2010).

Opinion

Peters, J.

Cross appeals from an order of the Supreme Court (McGill, J.), entered January 14, 2010 in Clinton County, which, among other things, awarded plaintiffs judgment upon finding defendant in civil contempt.

The parties are owners of properties on Mountaineer Drive in the Town of Ausable, Clinton County. In order to access their respective properties, plaintiffs must travel down Ausable Beach Road and make a sharp, nearly 90-degree turn onto Mountaineer Drive. After defendant placed a large log on the edge of the roadway where Ausable Beach Road and Mountaineer Drive intersect, plaintiffs commenced this action alleging that defendant interfered with their right-of-way over Mountaineer Drive and impeded their ability to freely and safely bring large vehicles, such as boats and campers, down to their properties. In July 2008, the parties, each represented by counsel, entered into a “So-Ordered” stipulation whereby they agreed to settle the dispute. The stipulation established, by reference to an August 2002 survey prepared by Carey Surveying Company, a 16V2-foot right-of-way in favor of plaintiffs. As depicted in the 2002 survey, within that right-of-way runs a gravel roadway as well as strips of land that border each side of the gravel road. The stipulation also required defendant to remove all impediments to the right-of-way and refrain from placing any other obstructing obstacles within it.

Defendant thereafter removed the log in compliance with the stipulation, but subsequently installed “no trespassing” metal signs within inches of where the log had been. Plaintiffs then had the right-of-way resurveyed, which located the metal signs within the agreed-upon right-of-way, and sent correspondence along with the re survey to defendant advising him that his placement of the signs was in violation of the stipulation and requesting that he remove them. When defendant failed to do so, plaintiffs moved to hold him in contempt. Defendant cross-moved to vacate the stipulation and to dismiss plaintiffs Robert H. Hamilton and Patricia J. Hamilton from the action. Supreme Court denied defendant’s cross motion and, following an evidentiary hearing, found defendant in civil contempt and ordered him to pay $6,330.24 in fees and disbursements. These cross appeals ensued.

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Cite This Page — Counsel Stack

Bluebook (online)
79 A.D.3d 1210, 913 N.Y.S.2d 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-murphy-nyappdiv-2010.