STERRER v. CALESTINE


57 N.Y.2d 1030 (1982)

Anna Sterrer, Appellant, v. Olivia G. Calestine et al., Respondents.

Court of Appeals of the State of New York.

Decided November 11, 1982.


Attorney(s) appearing for the Case

Solomon Cohen for appellant.

Peter Voletsky and Donald G. Simmonds for respondents.

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


MEMORANDUM.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs.

Plaintiff's argument that the earlier action dealt with an implied easement over the surface of the lots rather than an express reservation with respect to sewers and repairs may have been a valid basis for appeal of the prior judgment which held defendants' title...

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