Impastato v. Vill. of Catskill, 374 N.E.2d 394 (NY 1978). · Go Syfert
Impastato v. Vill. of Catskill, 374 N.E.2d 394 (NY 1978). Cases Citing This Book View Copy Cite
16 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: Brandon v. Town of Southeast (nyappdiv, 2017-05-03)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." Brandon v. Town of Southeast
N.Y. App. Div. · 2017 · signal: see also · confidence low
Here, the plaintiffs established, prima facie, that there was public use of Mine Lane and that the Town maintained, repaired, and otherwise assumed control of Mine Lane for the requisite statutory time period (see Pinsly v Town of Huntington, 81 AD3d at 911 ; Whitton v Thomas, 25 AD3d 996, 997 [2006]; Town of Addison v Meeks, 233 AD2d 843, 843-844 [1996]; see also Impastato v Village of Catskill, 55 AD2d 714, 715 [1976], affd 43 NY2d 888 [1978]).
discussed Cited "see, e.g." Pinsly v. Town of Huntington
N.Y. App. Div. · 2011 · signal: see also · confidence low
Since the plaintiffs, on their motion, demonstrated that there was public use of the subject road and that the Town maintained, repaired, and otherwise assumed control of the road for the requisite statutory time period, the plaintiffs established, prima facie, that the subject road was a highway by use within the meaning of Highway Law § 189 (see Whitton v Thomas, 25 AD3d 996, 997 [2006]; Town of Addison v Meeks, 233 AD2d 843, 843-844 [1996]; see also Impastalo v Village of Catskill, 55 AD2d 714, 715 [1976], affd 43 NY2d 888 [1978]).
Retrieving the full opinion text from the archive…
Procopio S. Impastato Et Al., Respondents,
v.
Village of Catskill Et Al., Appellants
New York Court of Appeals.
Feb 9, 1978.
374 N.E.2d 394
APPEARANCES OF COUNSEL, Daniel Kevin Lalor for appellants., George W. Harder for respondents.
Cited by 15 opinions  |  Published

OPINION OF THE COURT

Order affirmed, with costs, on the memorandum at the Appellate Division (55 AD2d 714).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.