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Rochdale Village & Marion Scott Real Estate

29-CA-030406 (N.L.R.B. Dec. 1, 2011)
Rochdale Village & Marion Scott Real Estate

6 Cited authorities

  1. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  2. Sadowski v. Taylor

    56 A.D.3d 991 (N.Y. App. Div. 2008)   Cited 16 times
    Holding that activities such as building fire pits, planting trees and adding fill may be deemed non-adverse

  3. Loch Sheldrake Associates, Inc. v. Evans

    306 N.Y. 297 (N.Y. 1954)   Cited 77 times
    In Loch Sheldrake Assoc. v. Evans (306 N.Y. 297, 304) the Court of Appeals stated: "But a reservation or grant in a deed, like every other contract `must be construed according to the intent of the parties, so far as such intent can be gathered from the whole instrument, and is consistent with the rules of law' (Real Property Law, § 240, subd. 3). It is only when language used in a conveyance `is susceptible of more than one interpretation' that the courts will look into surrounding circumstances, the situation of the parties, etc."

  4. City v. Sarnelli Bros., Inc.

    280 A.D.2d 573 (N.Y. App. Div. 2001)   Cited 6 times
    Holding that "lands held by a municipality in its governmental capacity may not be lost by adverse possession"

  5. Zentner v. Fiorentino

    52 A.D.2d 1036 (N.Y. App. Div. 1976)   Cited 12 times

    May 21, 1976 Appeal from the Jefferson County Court. Present — Cardamone, J.P., Simons, Mahoney, Dillon and Witmer, JJ. Order unanimously reversed, on the law, without costs, and judgment granted to plaintiff in accordance with the following memorandum: Plaintiff appeals from an order which dismissed his complaint wherein he sought to enjoin defendants from maintaining an existing water line across plaintiff's right of way and which also denied plaintiff's motion for an order directing defendants

  6. Grafton v. Moir

    130 N.Y. 465 (N.Y. 1892)   Cited 69 times
    In Grafton v. Moir, 130 N.Y. 465, at page 471, 29 N.E. 974, 976, 27 Am.St.Rep. 533, Judge Vann, speaking for the court, said: `When the right of way is not bounded in the grant, the law bounds it by the line of reasonable enjoyment.' This means that the easement must be a convenient and suitable way and must not unreasonably interfere with the rights of the owner of the servient estate.