Guzzone v. Brandariz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*482Express easements are governed by the intent of the parties (see Lewis v Young, 92 NY2d 443, 449 [1998]; Estate Ct., LLC v Schnall, 49 AD3d 1076, 1077 [2008]). The declaration of easement in this case was for the limited purpose of giving the defendants vehicular ingress to and egress from the subject real property. Accordingly, the easement provided the defendants with a right of passage rather than a right in the physical passageway itself (see Lewis v Young, 92 NY2d at 449; Cypress Hills Cemetery v City of New York, 35 AD3d 788, 789 [2006]), and the plaintiff, as the owner of the servient…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Lewis v. YoungNew York Court of Appeals · 1998
- Sambrook v. SierockiAppellate Division of the Supreme Court of the State of New York · 2008
- Minogue v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by7 opinions
- Goldberg v. Zoning Board of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2010
- Rosen v. MosbyAppellate Division of the Supreme Court of the State of New York · 2017
- Panday v. AllenAppellate Division of the Supreme Court of the State of New York · 2020
- Tarr v. DelsenerAppellate Division of the Supreme Court of the State of New York · 2010
- Mazzaferro v. Association of Owners of Mill Neck Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
2 more not listed; retrieve them via the Exa API.