Ehrle v. Sutton Place Apartments, Inc.

Defendants seek to strike this cause from the Trial Term calendar on the ground that it properly belongs on the Special „ Term calendar. The first cause of action — for ejectment — is properly in Trial Term. The fact that a determination in favor of the plaintiff would require the removal of an encroaching wall does not change the character of the action. (Hahl v. Sugo, 169 N. Y. 109.) But plaintiff has joined with the action for ejectment an action for the protection of his easement. He cannot oust an invader of his easement by ejectment. An easement is an incorporeal hereditament, and an…