Kirkwall Corp. v. Sessa

Eager, J. (dissenting).

I would affirm. The plaintiff purchaser is entitled to a return of its down payment. The plaintiff’s claim is not merely that the official barricading of the particular village and public street (University Place) abutting the subject premises results in loss of the most convenient access to certain nearby public streets; the nub of its claim is that, notwithstanding other means of access, it contracted for and was entitled to receive the benefit of the full use of all easements appurtenant to University Place designated as the boundary along one entire side of the…