Rogers v. Germano

In this action plaintiff demands that the defendants be directed to remove a garage which plaintiff claims is encroaching upon a right of way appurtenant to plaintiff’s lands. The defendants contend that the right of way has long since been extinguished, but the Official Referee has held otherwise.

The defendants are the owners of a corner lot in Olean, N. Y. The east or front line of the premises extends approximately thirty-four feet along North Union Street and the north line extends approximately seventy-nine feet along Coleman Street. Plaintiff’s lot also fronts on North Union Street and…