Schwenker v. Ciaccia

Appellate Division of the Supreme Court of New York

Schwenker v. Ciaccia

188 A.D.2d 1060, 592 N.Y.S.2d 1010, 1992 N.Y. App. Div. LEXIS 14935

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1992

StatusPublished

This text of 188 A.D.2d 1060 (Schwenker v. Ciaccia) 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

Schwenker v. Ciaccia, 188 A.D.2d 1060, 592 N.Y.S.2d 1010, 1992 N.Y. App. Div. LEXIS 14935 (N.Y. Ct. App. 1992).

Pincite

Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs’

[1061]*1061motion for partial summary judgment. Factual issues exist regarding location of the eastern boundary of Shore Drive adjoining plaintiffs’ two southernmost lots and whether plaintiffs’ fee and easement interests concerning Shore Drive, a paper street, were extinguished by defendant’s alleged adverse possession of that land area. (Appeal from Order of Supreme Court, Monroe County, Boehm, J. — Summary Judgment.) Present — Denman, P. J., Pine, Balio, Fallon and Doerr, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs’

[1061]*1061motion for partial summary judgment. Factual issues exist regarding location of the eastern boundary of Shore Drive adjoining plaintiffs’ two southernmost lots and whether plaintiffs’ fee and easement interests concerning Shore Drive, a paper street, were extinguished by defendant’s alleged adverse possession of that land area. (Appeal from Order of Supreme Court, Monroe County, Boehm, J. — Summary Judgment.) Present — Denman, P. J., Pine, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

188 A.D.2d 1060, 592 N.Y.S.2d 1010, 1992 N.Y. App. Div. LEXIS 14935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwenker-v-ciaccia-nyappdiv-1992.