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Johnson v. Dunbar

282 A.D. 720, 122 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 4788
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 15, 1953
StatusPublished
Cited by7 cases

This text of 282 A.D. 720 (Johnson v. Dunbar) 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
Johnson v. Dunbar, 282 A.D. 720, 122 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 4788 (N.Y. Ct. App. 1953).

Opinion

In an action for judgment declaring an easement to property situated without the State, order dismissing the complaint affirmed, with $10 costs and disbursements, Section 536 of the Real Property Law does not govern an action for damages with respect to real property admittedly not owned by the plaintiff but as to which he merely asserts that he has an implied easement of access. To retain jurisdiction of such an action would be tantamount to making an adjudication with respect to title of land without the State. Carswell, Adel, Wenzel and Beldoek, JJ., concur; Nolan, P. J., dissents and votes to reverse the order and to deny the motion to dismiss the complaint, with the following memorandum: In my opinion, the third cause of action is one contemplated by section 536 of the Real Property Law and may be entertained even though a question of title is involved.

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Cite This Page — Counsel Stack

Bluebook (online)
282 A.D. 720, 122 N.Y.S.2d 222, 1953 N.Y. App. Div. LEXIS 4788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-dunbar-nyappdiv-1953.