Wilkinson v. Nassau Shores, Inc.

Appellate Division of the Supreme Court of New York

Wilkinson v. Nassau Shores, Inc.

283 A.D. 1078, 131 N.Y.S.2d 901, 1954 N.Y. App. Div. LEXIS 6366

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

DecidedJune 7, 1954

StatusPublished

This text of 283 A.D. 1078 (Wilkinson v. Nassau Shores, Inc.) 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

Wilkinson v. Nassau Shores, Inc., 283 A.D. 1078, 131 N.Y.S.2d 901, 1954 N.Y. App. Div. LEXIS 6366 (N.Y. Ct. App. 1954).

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Opinion

— -In an action in which beach easements were adjudicated, an order and judgment (one paper) was entered on the remittitur of the Court of Appeals. The fourth decretal paragraph of the order and judgment is reversed on the law, with $10 costs and disbursements, and the following is substituted in place thereof: “ Ordered and Adjudged that any easement rights claimed by equitable owners of lots to which said respondent corporations held legal title may be asserted by said equitable owners in an independent action in which they are parties, as they may be advised.” The language in the fourth decretal paragraph, from which appeal is taken, is not contemplated nor authorized by the remittitur. Moreover the said paragraph erroneously refers to easement rights in “lots”. Adel, Acting P. J., Wenzel, MacCrate,' Beldoek and Murphy, JJ., concur.

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— -In an action in which beach easements were adjudicated, an order and judgment (one paper) was entered on the remittitur of the Court of Appeals. The fourth decretal paragraph of the order and judgment is reversed on the law, with $10 costs and disbursements, and the following is substituted in place thereof: “ Ordered and Adjudged that any easement rights claimed by equitable owners of lots to which said respondent corporations held legal title may be asserted by said equitable owners in an independent action in which they are parties, as they may be advised.” The language in the fourth decretal paragraph, from which appeal is taken, is not contemplated nor authorized by the remittitur. Moreover the said paragraph erroneously refers to easement rights in “lots”. Adel, Acting P. J., Wenzel, MacCrate,' Beldoek and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 1078, 131 N.Y.S.2d 901, 1954 N.Y. App. Div. LEXIS 6366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-v-nassau-shores-inc-nyappdiv-1954.