Lafayette Auvergne Corp. v. 10243 Management Corp.

Memorandum. The judgment appealed from should be affirmed, with costs. Pursuant to the lease and the alterations agreement governing the subject premises and the permission granted thereunder by the defendants’ predecessor, a mere legal right to construct the skylight at issue, not an easement of light and air, was conferred. Light and air form valuable easements to be created by express agreement (Elgar v. Kress & Co., 280 App. Div. 621) and, generally speaking, if an easement is to result, the intent on the part of a landowner to impose a servitude upon his land must be clear. (People ex…