487 Elmwood, Inc. v. Hassett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*286OPINION OF THE COURT
SCHNEPP, J.
We are concerned on this appeal with the rights of a shopping plaza tenant whose easement to use an area reserved for automobile parking was limited by the erection of an encroaching business structure. Plaintiff, a major tenant in the plaza owned by the defendants William D. Hassett and Leo Townsell, possessed the right under its lease to use the existing plaza parking area in common with the other plaza tenants. On April 24,1978, defendant owners leased approximately two thirds of the parking area to the McDonald defendants (McDonald’s Corporation, McDonald’s…
2Cases cited20 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- Christopher v. . AustinNew York Court of Appeals · 1854
- Sam & Mary Housing Corp. v. Jo/Sal Market Corp.Appellate Division of the Supreme Court of the State of New York · 1984
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3Cited by17 opinions
- Knowles v. United Services Automobile Ass'nNew Mexico Supreme Court · 1992
- Wolf Street Supermarkets, Inc. v. McPartlandAppellate Division of the Supreme Court of the State of New York · 1985
- Appliance Giant, Inc. v. Columbia 90 Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2004
- Sterling Investor Services, Inc. v. 1155 Nobo Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- In Re Embers 86th Street, Inc.United States Bankruptcy Court, S.D. New York · 1995
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