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Sackett v. O'Brien

Court of Appeals of the State of New York
Jan 16, 1969
245 N.E.2d 814 (N.Y. 1969)

Opinion

Argued November 27, 1968

Decided January 16, 1969

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES C. O'BRIEN, J.

J. Paul Brennan for appellants.

William L. Clay for respondent.


Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN. Judge BURKE dissents and votes to reverse and reinstate the judgment of the trial court on the ground that plaintiff's abandonment of the roadway destroyed his easement and defendants acquired title to the strip abutting their land by adverse possession free of any rights of the plaintiff. Taking no part: Judge KEATING.


Summaries of

Sackett v. O'Brien

Court of Appeals of the State of New York
Jan 16, 1969
245 N.E.2d 814 (N.Y. 1969)
Case details for

Sackett v. O'Brien

Case Details

Full title:THOMAS H. SACKETT, Respondent, v. JOHN L. O'BRIEN et al., Appellants, et…

Court:Court of Appeals of the State of New York

Date published: Jan 16, 1969

Citations

245 N.E.2d 814 (N.Y. 1969)
245 N.E.2d 814
298 N.Y.S.2d 86

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