Owen v. Berman

In an action for a judgment declaring that a certain private roadway is subject to an easement in favor of the plaintiff's property, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered August 11, 1987, which, inter alia, determined that the plaintiff had no rights to the private roadway.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the easement by grant to the plaintiff’s predecessor in interest created only a conditional easement in the property in question, which expired by its own terms in 1925. Nor was…