ROGERS v. GERMANO


300 N.Y. 251 (1949)

Nicholas J. Rogers, Respondent, v. Angelo Germano et al., Appellants.

Court of Appeals of the State of New York.

Decided December 29, 1949


Attorney(s) appearing for the Case

Pasquale P. Yannella for appellants.

Cornelius J. McCarthy for respondent.

LOUGHRAN, Ch. J., LEWIS, FULD and BROMLEY, JJ., concur in Per Curiam opinion; DESMOND, J., dissents in separate opinion in which CONWAY and DYE, JJ., concur.


Per Curiam.

Prior to 1932, plaintiff's predecessor, Michael Burke, owned a right of way eight feet in width across the western end of defendants' property, which lay between his lot and a street to the north. In that year Burke conveyed to defendants a narrow strip of land along the northern boundary of his lot and running the full length of both lots, and reserved therefrom only "a right of way over a strip of land...

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