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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By NYRE Staff
March 01, 2022

Easement By Necessity Claim Raises Question of Fact

Liberty Square Realty Corp. v. The Doe Fund, Inc., NYLJ 12/23/21, p. 18, col. 4, AppDiv, First Dept. (Opinion by Renwick, J)

In an action by the owner of the old Bronx Courthouse seeking damages for inverse condemnation of an abutting street and also seeking to establish an easement over that street, the owner appealed from Supreme Court's dismissal of the complaint. The Appellate Division modified to restore the easement by necessity claim and otherwise affirmed, holding that the statute of limitations barred the inverse condemnation claim but that the easement by necessity claim raised issues of fact for trial.

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