MANCINI v. BARD


42 N.Y.2d 28 (1977)

Peter Mancini et al., Appellants, v. Junius T.S. Bard et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1977.


Attorney(s) appearing for the Case

Joseph P. Kirley for appellants.

Andrew J. Fiore for respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.


GABRIELLI, J.

In this action, for declaratory relief, somewhat unusual in nature, plaintiffs seek to establish that an easement and right of way over a private road, appurtenant to a particular parcel of land owned by them, may also be enjoyed by two contiguous parcels of land which they subsequently purchased and to which the easement is not appurtenant.

Plaintiffs own a parcel of land abutting Palmer...

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