Coyne v. New York State Teachers' Retirement System

In an action for a declaratory judgment, judgment decreeing that a perpetual easement exists in favor of property owned by plaintiff over property owned by defendant as a driveway to a garage, situated in the rear of both parcels and partly on each, reversed on the law and the facts, with costs, and judgment directed in favor of the defendant, with costs. Findings of fact reversed and conclusions of law disapproved. New findings and conclusions will be made. In tho opinion of the court the evidence does not sustain the finding that an easement by implication on *1007che ground of necessity exists.…