Arnold v. . Fee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June term, 1895, which affirmed a judgment in favor of defendants, entered upon a decision of the court at Special Term, sustaining a demurrer to the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June term, 1895, which affirmed a judgment in favor of defendants, entered upon a decision of the court at Special Term, sustaining a demurrer to the complaint. The complaint asks judgment, in substance, restraining the defendants from using a certain alley, except for the ingress and egress of themselves and persons having legitimate business with them, or the occupants of buildings upon the premises. From the allegations of the complaint, it appears that one…
1Opinion of the CourtGray, J.
The dispute between the plaintiffs and the ■defendants is over the true construction which is to be given to the language of the grant in the deed to Hahn, the defendants’ predecessor in title, whereby an easement in the alleyway was reserved to the grantee. The grant is of “ the privilege of the main alley leading to the Palace stables, so called, •■as an easement for ingress and egress along the north line or 'alley line of the premises hereby deeded, for the distance of ninety-eight feet west from Franklin street and no more and for no other purpose.” We are asked to construe this grant as…
2Cited by24 opinions
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- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- McCullough v. Broad Exchange Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Erly Realty Development, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1974
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