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GOLDRICH v. FRANKLIN GARDENS CORP.

282 A.D. 698 (1953)

Julia Goldrich et al., on Behalf of Themselves and All Other Residents and Property Owners in The Town of Hempstead, Nassau County, Similarly Situated, Appellants, v. Franklin Gardens Corp., Respondent, et al., Defendants

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

June 1, 1953.

Judgment reversed on the law and the facts and new trial granted, with costs to appellants to abide the event.

Respondent did not have a private easement on Frocan Court. While a fifty-two-foot strip of its property is adjacent to the northerly dead end of Frocan Court, respondent is not an abutting owner on Frocan Court. It has a frontage on another existing public street. (Matter of City of New York [Varian Ave.], 242 App. Div. 378; Matter of City of New...

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