De Ruscio v. Jackson

565 N.Y.S.2d 593 (1991)

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De Ruscio v. Jackson

New York Supreme Court, Appellate Division
565 N.Y.S.2d 593 (1991)

SC

Facts

De Ruscio (plaintiff) owned two lots in a subdivision. The lots were abutted by a paper road to the north that ran over Herbert Jackson’s (defendant) property. De Ruscio’s deed defined the lots, including the paper road, by reference to a recorded subdivision map. Jackson initially refused to permit De Ruscio to use the paper road to access De Ruscio’s property. De Ruscio brought suit seeking a judgment declaring the existence of an easement. De Ruscio filed a motion for summary judgment. The county court denied the motion. De Ruscio appealed.

Rule of Law

Issue

Holding and Reasoning (Levine, J.)

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