MAKRANSKY v. MILLER


59 A.D.2d 735 (1977)

Marvin Makransky et al., Respondents-Appellants, v. Howard Miller et al., Appellants-Respondents Marvin Makransky et al., Respondents-Appellants, v. Howard Miller et al., Appellants-Respondents, et al., Defendant

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

October 17, 1977


Judgment modified, on the law, by deleting from the second decretal paragraph thereof the words following the words "south of said dock". As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.

The record clearly establishes that respondents-appellants had an implied easement to moor their boats on the south as well as the north side of the dock in question, since that use was an existing one at the time of the severance of ownership...

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