ALBANESE v. DOMINIANNI


281 A.D. 768 (1953)

John Albanese et al., Appellants, v. Vincenzo Dominianni et al., Respondents

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

January 26, 1953.


Judgment unanimously affirmed, with costs. Findings of fact numbered "7" and "9" modified by striking out the words "for more than twenty years". Conclusion of law numbered "3" struck out.

In our opinion, the nonuser of the easement by plaintiffs and their predecessors in title for more than twenty years; the construction by plaintiffs' predecessors in title and the maintenance thereafter for more than twenty years by plaintiffs' predecessors and by plaintiffs, of...

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