Tarolli v. Westvale Genesee, Inc.

Halpern, J. (dissenting).

The question before us is whether, under the circumstances of this case, a conveyance describing a parcel of land as bounded on one side by a road, the fee of which was owned by the grantor, gave rise to an easement by implication entitling the grantee to use the road.

The facts are virtually undisputed. They are as follows: For several decades, Frederick R. Hazard owned a large tract of land known as the Hazard Estate, which was bounded on the south by West Genesee Street, and on the west by Orchard Road, in the village of Solvay, New York. The tract was over 50 acres…