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487 ELMWOOD v. HASSETT

107 A.D.2d 285 (1985)

487 Elmwood, Inc., Appellant-Respondent, v. William D. Hassett, Jr., et al., Respondents-Appellants, et al., Defendant

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

March 1, 1985

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe, Beilewech, Dopkins & Fadale (Michael Beilewech, Jr., of counsel), for appellant-respondent.

Falk, Siemer, Glick, Tuppen & Maloney (Edwin H. Wolf of counsel), for McDonald's Corporation and others, respondents-appellants.

Brown, Kelly, Turner, Hassett & Leach (Roger A. Olson of counsel), for William D. Hassett, Jr., and another, respondents-appellants.

DILLON, P. J., HANCOCK, JR., DOERR and GREEN, JJ., concur.

SCHNEPP, J.

We are concerned on this appeal with the rights of a shopping plaza tenant whose easement to use an area reserved for automobile parking was limited by the erection of an encroaching business structure. Plaintiff, a major tenant in the plaza owned by the defendants William D. Hassett and Leo Townsell, possessed the right under its lease to use the existing plaza parking area in common with the other...

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