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LAFAYETTE AUVERGNE CORP. v. 10243 MGMT. CORP.

35 N.Y.2d 834 (1974)

Lafayette Auvergne Corporation, Appellant, v. 10243 Management Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1974.

Attorney(s) appearing for the Case

Michael C. Sloane and Mario Matthew Cuomo for appellant.

Philip H. Schaeffer and Lenard H. Mandel for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur in memorandum; Judge STEVENS taking no part.

MEMORANDUM.

The judgment appealed from should be affirmed, with costs. Pursuant to the lease and the alterations agreement governing the subject premises and the permission granted thereunder by the defendants' predecessor, a mere legal right to construct the skylight at issue, not an easement of light and air, was conferred. Light and air form valuable easements to be created by...

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