SHEAN v. LOENING


277 A.D. 1148 (1950)

Harry A. Shean, Appellant, v. Rudolph R. Loening, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1950.


Judgment for defendant reversed on the law and the facts, with costs, and judgment granted to plaintiff as prayed for in the complaint, with costs.

The mortgage made specific and express reference to the development map on which the beach and the roads were delineated and as to which the lot owners, as distinguished from stockholders of the development, held easements appurtenant to their respective parcels. The mortgage also expressly provided that the property subject...

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