Town of Skaneateles v. Lang

Appellate Division of the Supreme Court of New York

Town of Skaneateles v. Lang

179 A.D.2d 1032, 579 N.Y.S.2d 516, 1992 N.Y. App. Div. LEXIS 2373

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

DecidedJanuary 31, 1992

StatusPublished

Cited by2 cases

This text of 179 A.D.2d 1032 (Town of Skaneateles v. Lang) 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

Town of Skaneateles v. Lang, 179 A.D.2d 1032, 579 N.Y.S.2d 516, 1992 N.Y. App. Div. LEXIS 2373 (N.Y. Ct. App. 1992).

Pincite

Opinion

Defendant Lang, who owns property bordered on the north by part of Lacey Road, responded with his own affidavit, [1033]*1033incorporating by reference a 1949 survey of A.J. Clements, a licensed surveyor, showing the road as three rods wide. That survey indicated that it was filed in the Onondaga County Clerk’s office in 1949, well over ten years ago, and defendant’s affidavit asserted that it was so filed. That survey is presumed to be accurate (see, CPLR 4522). Thus, defendant has raised a factual issue with respect to the width of Lacey Road (see generally, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). (Appeal from Order of Supreme Court, Onondaga County, Reagan, J. — Summary Judgment.) Present — Denman, P. J., Pine, Balio, Lawton and Davis, JJ.

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Defendant Lang, who owns property bordered on the north by part of Lacey Road, responded with his own affidavit, [1033]*1033incorporating by reference a 1949 survey of A.J. Clements, a licensed surveyor, showing the road as three rods wide. That survey indicated that it was filed in the Onondaga County Clerk’s office in 1949, well over ten years ago, and defendant’s affidavit asserted that it was so filed. That survey is presumed to be accurate (see, CPLR 4522). Thus, defendant has raised a factual issue with respect to the width of Lacey Road (see generally, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). (Appeal from Order of Supreme Court, Onondaga County, Reagan, J. — Summary Judgment.) Present — Denman, P. J., Pine, Balio, Lawton and Davis, JJ.

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Bluebook (online)

179 A.D.2d 1032, 579 N.Y.S.2d 516, 1992 N.Y. App. Div. LEXIS 2373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-skaneateles-v-lang-nyappdiv-1992.

Opinion

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