Legal Opinion
836 Franklin Ave. Catering Corp. v. Haber
New York Supreme Court
Decided April 6, 1937PublishedCited by 4 opinions
1Opinion of the CourtSmith, J.
This is a motion, pursuant to rule 109 of the Rules of Civil Practice, to strike out the third defense set forth in defendants’ answer on the ground that it is insufficient in law.
The action is to compel defendants to recognize an easement of egress in case of fire in favor of plaintiff 836 Franklin Avenue Catering Corporation over a small strip of land in the rear of defendants’ premises and also to compel defendants to remove the buildings, incumbrances and obstructions which may interfere with the enjoyment of the easement, and for other incidental relief. The easement was granted by deed.
T…
2Cases cited6 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- McCullough v. Broad Exchange Co.Appellate Division of the Supreme Court of the State of New York · 1905
- McCullough v. . Broad Exchange CompanyNew York Court of Appeals · 1906
- Wallack Construction Co. v. Smalwich Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1922
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Penn Bowling Recreation Center, Inc. v. Hot Shoppes, Inc.Court of Appeals for the D.C. Circuit · 1949
- Cohen v. BanksJustice Court of Village of South Nyack · 1996
- Bleichfeld v. FriedenthalNew York Supreme Court · 1966
- 416 Properties Inc. v. StamplerNew York Supreme Court · 1964