Merriam v. 352 West 42nd Street Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
Plaintiff claims an easement by prescription over lands owned by defendant. Special Term held that such an easement exists but only for as long as plaintiff’s building *385remains in its present state and no substantial building is erected on defendant’s land. The parties have cross-appealed, plaintiff to eliminate the qualification of the easement and defendant to eliminate the easement entirely.
The parties are adjoining landowners on the west side of Manhattan. Plaintiff’s lot fronts on Ninth Avenue and the allegedly servient estate owned by defendant fronts on 43rd Street.…
2Cases cited14 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Treadwell v. . InsleeNew York Court of Appeals · 1890
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
- Brooks, Gill & Co. v. Landmark Properties, 217 Ltd. PartnershipMassachusetts Appeals Court · 1987
- Smiley Realty of Brooklyn, LLC v. Excello Film Pak, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Lyon v. MelinoAppellate Division of the Supreme Court of the State of New York · 1995
- Hamilton v. KennedyAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.