MORGAN v. BOLSAN REALTY


48 A.D.2d 331 (1975)

Mary W. Morgan, Respondent, v. Bolsan Realty Corp., Appellant

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

June 19, 1975


Attorney(s) appearing for the Case

McDermott & Cheeseman (Alan A. Pfeffer of counsel), for appellant.

Gordon K. Garlick for respondent.

GREENBLOTT, MAIN and REYNOLDS, JJ., concur with SWEENEY, J.; HERLIHY, P. J., dissents and votes to modify in an opinion.


SWEENEY, J.

The defendant is the owner of a tract of land subject to easements granted by its predecessor in title in the instrument conveying adjoining land to plaintiff's predecessor in title. That conveyance granted: "A right of way for the sole and exclusive benefit of the party of the second part, his heirs and assigns and any subsequent owner or owners of those premises now owned by the party of the second...

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