Hyperlawhypertext legal databasebeta Sackett v. O'Brien 23 N.Y.2d 883

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Sackett v. O'Brien

23 N.Y.2d 883 Court N.Y. Decision date 1969-01-16 English

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p. 883
Thomas H. Sackett, Respondent, v. John L. O'Brien et al., Appellants, et al., Defendant.
Argued November 27, 1968;
decided January 16, 1969.
p. 885
J. Paul Brennan for appellants.
William L. Clay for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. 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. Taking no part: Judge Keating.