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416 PROPS. v. STAMPLER

42 Misc.2d 335 (1964)

416 Properties Inc., Plaintiff, v. Daniel Stampler, Defendant.

Supreme Court, Special and Trial Term, New York County.

March 30, 1964

Attorney(s) appearing for the Case

Luster & Gaier (Joseph Gaier of counsel), for plaintiff. Charles J. Coleman and Martin J. McLaughlin for defendant.

HAROLD BAER, J.

This is an action for a declaratory judgment to nullify an easement entered into in 1839 by agreement between the then owners of two adjacent parcels of land. The parcels are now known by the designations of 414 Lafayette Street (owned by defendant since 1960) and 416 Lafayette Street (owned by plaintiff since 1958) in New York County.

The pertinent portions of the easement agreement of 1839, provided for an area 10 feet in width...

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