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DI LEO v. PECKSTO HOLDING CORP.

304 N.Y. 505 (1952)

Michele Di Leo, Respondent, v. Pecksto Holding Corp. et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 5, 1952

Attorney(s) appearing for the Case

Charles A. Voss for Pecksto Holding Corp. and another, appellants.

Reuben Chase for White Plains Terminal Corp. and others, appellants.

Wm. Burdell Banister for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

To expand his coal and masonry trade, Michele Di Leo in 1921 bought land in the Village of Port Chester from William Ryan Company. To get to and from his property, Di Leo and his predecessor before him, from the year 1909 at least, traveled a path, stretching north 250 feet to Westchester Avenue, over lands now owned by Pecksto Holding Corp., Waef Realty Corp. and Port Chester Lumber Company. For upwards...

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