Mittnacht v. Montana

McAvoy, J.:

An easement of way created by grant is not extinguished in such facile modes as are those which arise by prescription, user or necessity. The plaintiff’s predecessor in title was granted by an indenture, in which the then adjoining owner was grantor, a conveyance of an easement, to wit, a right of way running from the rear yard of his premises to the sidewalk on Spring street, New York, through defendant’s building. The way is referred to throughout the indenture as an “ alley or gangway,” and the covenant for its use in the instrument reads, after describing its site, width,…