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953 REALTY CORP. v. SOUTHERN BOULEVARD REALTY CORP.

50 A.D.2d 731 (1975)

953 Realty Corporation, Appellant-Respondent, v. Southern Boulevard Realty Corporation, Respondent-Appellant

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

December 2, 1975

A 12-foot-wide court or alley separates buildings situated on real property owned respectively by plaintiff and defendant in the Bronx. The additional defendant, F. W. Woolworth Company, is a tenant and occupant of a portion of plaintiff's premises. Easement instruments running with the land and presently applicable to the premises in question, provide that the 12-foot-wide strip of land "shall not be built upon but shall remain as an open court or alley, with mutual easements...

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