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Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05385

Inc. Vil. of Freeport v Freeport Union Free Sch. Dist.

Read the official decision: 2026 NY Slip Op 05385

Holding The Supreme Court properly granted summary judgment declaring that the Village holds fee title to the property and the School District holds only a revocable license or easement in gross. The School District failed to demonstrate that legislative approval was plainly conferred for an easement appurtenant, as parkland is impressed with a public trust requiring specific legislative authorization for alienation.

The court’s words

the defendant failed to show that legislative approval for an easement appurtenant was plainly conferred

2026 NY Slip Op 05385, at the official text

Parkland, such as the property at issue here, is impressed with a public trust

2026 NY Slip Op 05385, at the official text

the Park Commission's grant to the defendant constituted an easement in gross, or a revocable license

2026 NY Slip Op 05385, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05385
Area of lawReal Property
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05385
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id156

Recommended citation

ESQ HQ, New York Law Watch, Inc. Vil. of Freeport v Freeport Union Free Sch. Dist., 2026 NY Slip Op 05385 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05385/

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Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 23, 2026. Updated September 23, 2026.