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THOMAS H. SACKETT v. JOHN L. O'BRIEN ET AL. (01/16/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40188 <http://www.versuslaw.com>; 245 N.E.2d 814; 23 N.Y.2d 883 decided: January 16, 1969. THOMAS H. SACKETT, RESPONDENT,v.JOHN L. O'BRIEN ET AL., APPELLANTS, ET AL., DEFENDANT Sackett v. O'Brien, 27 A.D.2d 979, affirmed. J. Paul Brennan for appellants. William L. Clay for respondent. Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents. Taking no part: Judge Keating.


Sackett v. O'Brien, Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents. Taking no part: Judge Keating.

 Order affirmed, with costs; no opinion. 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.

19690116

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