Hyman v. Hillelson
Cases that cite this one
25 later published cases cite this decision.
- In re Chaitan (United States Bankruptcy Court, E.D. New York 2014)
- Breeden v. Tricom Business Systems, Inc. (District Court, N.D. New York 2003)
- Am. Estate Mgt. v. Intern. Inv. & Dev. (Utah Ct. App. 1999)
- American Estate Management Corp. v. International Investment & Development Corp. (Utah Ct. App. 1999)
- Pereira v. Brown (United States Bankruptcy Court, S.D. New York 2022)
- Comrie, Inc. v. Lake Avenue, Inc. (Appellate Division of the Supreme Court of New York 2011)
- City of New York v. Schmitt (Appellate Division of the Supreme Court of New York 2008)
- McKesson Automated Healthcare, Inc. v. Brooklyn Hospital Center (New York Supreme Court 2004)
- McKesson Automated Healthcare, Inc. v. Brooklyn Hosp. Ctr. (New York Supreme Court, Kings County 2004)
- Grammas v. Chamberlain (Appellate Division of the Supreme Court of New York 2000)
- Klein v. Barrios-Paoli (Appellate Division of the Supreme Court of New York 1997)
- Finkelstein v. Ilan (Appellate Division of the Supreme Court of New York 1997)
- Coliseum Towers Associates v. County of Nassau (Appellate Division of the Supreme Court of New York 1996)
- Bliss v. Jaffin (Appellate Division of the Supreme Court of New York 1991)
- County of Nassau v. New York State Public Employment Relations Board (Appellate Division of the Supreme Court of New York 1989)
- Oppenheim v. Pemberton (Appellate Division of the Supreme Court of New York 1989)
- In re Schunk (Appellate Division of the Supreme Court of New York 1988)
- Public Service Truck Renting, Inc. v. Ambassador Insurance (Appellate Division of the Supreme Court of New York 1988)
- McFerran v. Board of Education (Appellate Division of the Supreme Court of New York 1987)
- Burns v. Egan (Appellate Division of the Supreme Court of New York 1986)
- Partlow v. Kolupa (Appellate Division of the Supreme Court of New York 1986)
- Sassower v. Signorelli (Appellate Division of the Supreme Court of New York 1984)
- Van Wormer v. Leversee (Appellate Division of the Supreme Court of New York 1982)
- Schibanoff v. Hennessy (Appellate Division of the Supreme Court of New York 1982)
- Smith v. Russell Sage College (N.Y. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The factual context in which this case arises is set forth in the memorandum at the Appellate Division (79 AD2d 725). When in 1974 plaintiffs unsuccessfully brought an action against the present defendants (and others) asserting claims to ownership of the property in Fulton County, they then predicated their right to recovery on the equitable remedy of contract reformation. When they thereafter instituted the present action in 1979 asserting a right to a substantial portion of the same property they grounded their claim on the theory of adverse possession, expressly recited to have commenced in and continued since 1955. As the Appellate Division correctly noted, this theory of recovery with respect to this property against these defendants was available to plaintiffs when they brought their 1974 action. Accordingly, it is now barred under recognized principles of claim preclusion (Matter of Reilly v Reid, 45 NY2d 24; Restatement, Judgments 2d [Tent Draft No. 5, 1978], §§ 61, 61.1).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.