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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05385 |
| Area of law | Real Property |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05385 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 156 |
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/
How this record was made
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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