MERRIAM v. 352 W. 42ND ST. CORP.


14 A.D.2d 383 (1961)

Herman Merriam, Appellant-Respondent, v. 352 West 42nd Street Corp., Respondent-Appellant; Glickman Corporation of Nevada et al., Intervenors-Defendants-Respondents-Appellants

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

As republished December 28, 1961.


Attorney(s) appearing for the Case

Irving F. Cohen for appellant-respondent.

Sanford Solarz of counsel (John J. Boyle and John C. O'Malley with him on the brief), for respondents-appellants.

McNALLY, STEVENS, EAGER and STEUER, JJ., concur.


BREITEL, J. P.

Plaintiff claims an easement by prescription over lands owned by defendant. Special Term held that such an easement exists but only for as long as plaintiff's building remains in its present state and no substantial building is erected on defendant's land. The parties have cross-appealed, plaintiff to eliminate the qualification of the easement and defendant...

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