[Download] "Rosalie Zunno v. James Kiernan" by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Rosalie Zunno v. James Kiernan
• Author : Supreme Court of New York
• Release Date : January 14, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiff commenced this action for injunctive relief, damages and a judgment declaring that defendant1 did not have an easement over plaintiff's property. Defendant counterclaimed for, among other things, a judgment declaring that the easement existed and sought both compensatory and punitive damages. This controversy stems from two deeds executed and recorded in January 1955 by Albert Lake, Helen Lake, Russell Gobel and Christine Gobel, the predecessors in interest to the parties in this action. In these deeds, the Lakes and the Gobels conveyed to each other easements allowing each other the right to use a private road or driveway running across the two properties. Thereafter, at various times, the Lakes and Gobels conveyed their properties to other persons. Ultimately, plaintiff acquired the property originally belonging to the Lakes while defendant acquired the property originally belonging to the Gobels. Of significance to this lawsuit is the fact that, while the deeds in the chain of title from the Gobels to defendant all make reference to the January 1955 easement, the deeds and mortgage running from the Lakes to plaintiff do not. Apparently, because of plaintiff's alleged belief that no easement existed over her property, a dispute developed between plaintiff and her neighbors over the use of the driveway. A title search conducted at plaintiff's behest by an attorney apparently did not uncover the recorded easements.2 The parties dispute whether the easements are shown on surveys of the properties. Following joinder of issue, defendant moved for summary judgment declaring that the easement was valid. Defendant also requested that Supreme Court allow him to amend his answer a second time. The court granted this motion, judgment was entered and this appeal followed.

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