Impastato v. Village of Catskill

Decision Date09 February 1978
Citation43 N.Y.2d 888,403 N.Y.S.2d 497
Parties, 374 N.E.2d 394 Procopio Salvatore IMPASTATO et al., Respondents, v. The VILLAGE OF CATSKILL, New York, et al., Appellants.
CourtNew York Court of Appeals Court of Appeals

Order affirmed, with costs, on the memorandum at the Appellate Division (55 A.D.2d 714, 389 N.Y.S.2d 152).

All concur.

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13 cases
  • Brandon v. Town of Se.
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2017
    ...843, 843–844, 649 N.Y.S.2d 274 ; see also Impastato v. Village of Catskill, 55 A.D.2d 714, 715, 389 N.Y.S.2d 152, affd. 43 N.Y.2d 888, 403 N.Y.S.2d 497, 374 N.E.2d 394 ). In opposition, the defendants failed to raise a triable issue of fact.The defendants' remaining contention is not proper......
  • In the Matter of Ronald Marchand v. N.Y. State Dep't of Envtl. Conservation
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2011
    ...A.D.2d 789, 790–791, 533 N.Y.S.2d 316, citing Impastato v. Village of Catskill, 55 A.D.2d 714, 389 N.Y.S.2d 152, affd. 43 N.Y.2d 888, 403 N.Y.S.2d 497, 374 N.E.2d 394). “In addition to a finding of use by the public, ‘there must also be a finding that the road has been kept in repair or tak......
  • Pinsly v. Town of Huntington
    • United States
    • New York Supreme Court — Appellate Division
    • February 22, 2011
    ...843, 843-844, 649 N.Y.S.2d 274; see also Impastato v. Village of Catskill, 55 A.D.2d 714, 715, 389 N.Y.S.2d 152, affd. 43 N.Y.2d 888, 403 N.Y.S.2d 497, 374 N.E.2d 394). In opposition, the appellants failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324,......
  • Gardner v. Suddaby
    • United States
    • New York Supreme Court — Appellate Division
    • June 14, 1979
    ... ... trial court's finding that the disputed road had become a public Town highway (Compare Impastato v. Village of Catskill, 55 A.D.2d 714, 389 N.Y.S.2d 152, affd. 43 N.Y.2d 888, 403 N.Y.S.2d 497, 374 ... ...
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