Legal Opinion
40-56 Tenth Avenue LLC v. 450 West 14th St. Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2005PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 6, 2005, which, to the extent appealed from as limited by the briefs, granted defendant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs, the motion denied and the complaint reinstated.
Plaintiffs property at 48-56 Tenth Avenue borders defendant’s property at 450-456 West 14th Street. Plaintiff has an exclusive use easement over defendant’s property that provides the only access from the rear of its premises to West 14th Street. The easement agreement provides that the easement will exist *417…
2Cases cited2 opinions
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- M&A Oasis, Inc. v. MTM AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by5 opinions
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- Garza v. 508 West 112th Street, Inc.New York Supreme Court · 2008
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- Nolles v. Chester Shores Homeowners Assn.Appellate Division of the Supreme Court of the State of New York · 2025