New York Court of Appeals, 1982

Sterrer v. Calestine

New York Court of Appeals · Decided November 11, 1982

57 N.Y.2d 1030; 443 N.E.2d 952; 457 N.Y.S.2d 478; 1982 N.Y. LEXIS 3860

Cases that cite this one

4 later published cases cite this decision.

Hitchcock v. Rourke (Appellate Division of the Supreme Court of New York 2015)
Hitchcock v. Rourke (Appellate Division of the Supreme Court of New York 2015)
Marinelli Associates v. Helmsley-Noyes Co. (Appellate Division of the Supreme Court of New York 2000)
Grammas v. Chamberlain (Appellate Division of the Supreme Court of New York 2000)

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.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs.

Plaintiff’s argument that the earlier action dealt with an implied easement over the surface of the lots rather than an express reservation with respect to sewers and repairs may have been a valid basis for appeal of the prior judgment which held defendants’ title absolute and unencumbered and declared plaintiff barred from all claim to an easement in the land. Not having appealed that judgment, however, plaintiff is barred by it from maintaining the present action for the reasons stated in the Appellate Division memorandum.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

*1033On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.