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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By New York Real Estate Law Reporter Staff
October 01, 2023

Questions of Fact Remain About Width of Easement

Abbey Family Trust Number Four v. Matthews, 2023 WL 4002686, AppDiv, Third Dept. (Opinion by Pritzker, J.)

In an action by easement holder to establish the width of the easement and to establish its right to improve the easement, servient owner appealed from Supreme Court's denial of his summary judgment motion. The Appellate Division modified to hold that the easement's use was limited to ingress and egress, but otherwise affirmed, holding that questions of fact remained about the width of the easement.

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