Atlantic Cement Co. v. Fidelity & Casualty Co.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on or about October 10, 1988, which, inter alla, denied the motion of defendant, the Fidelity & Casualty Co. of New York (Fidelity), to eliminate certain limiting language from declarations of easement, is unanimously modified, on the law, on the facts, and, in the exercise of discretion, to the extent of granting defendant Fidelity’s motion, insofar as to direct plaintiff to deliver quitclaim deeds, with declarations of easement which exclude the language "for any other purpose” in paragraph 1, and "it being understood…