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23 WILLIAM ST. CORP. v. BERGER

10 N.J. Super. 216 (1950)

77 A.2d 58

23 WILLIAM ST. CORP., A NEW JERSEY CORPORATION, PLAINTIFF, v. JOSEPH BERGER AND ROTH-SCHLENGER, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 16, 1950.

Attorney(s) appearing for the Case

Messrs. Fast & Fast (Mr. Herman L. Fast appearing), attorneys for the plaintiff.

Messrs. Osborne, Cornish & Scheck (Mr. Harry V. Osborne appearing), attorneys for defendant, Roth-Schlenger, Inc.

Mr. Samuel Roessler, attorney for defendant, Joseph Berger.

STEIN, J.S.C.

The issue in this case involves a right of way granted in a deed from Eliza Johnes Sanders to John S. Guerin, dated June 28, 1892, and recorded in Deed Book Y 26 at page 595 of Deeds for Essex County. The interior premises to which the right of way is appurtenant are now owned by the defendant Berger and leased to the defendant Roth-Schlenger, Inc. The servient tenement is owned by the plaintiff, who claims that the easement is being put to excessive...

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