New York Court of Appeals, 1969

Sackett v. O'Brien

Sackett v. O'Brien
New York Court of Appeals · Decided January 16, 1969
23 N.Y.2d 883; 245 N.E.2d 814; 298 N.Y.S.2d 86; 1969 N.Y. LEXIS 1610

Sackett v. O'Brien

Opinion of the Court

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.

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