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BROOKS, GILL & CO. v. LANDMARK PROPERTIES

23 Mass. App. Ct. 528 (1987)

503 N.E.2d 983

BROOKS, GILL AND COMPANY, INC. vs. LANDMARK PROPERTIES, 217 LIMITED PARTNERSHIP.

Appeals Court of Massachusetts, Suffolk.

February 20, 1987.

Attorney(s) appearing for the Case

Julian J. D'Agostine (Howard P. Speicher with him) for the plaintiff.

Thomas J. Carens for the defendant.

Present: GREANEY, C.J., WARNER, & FINE, JJ.

FINE, J.

A judge of the Land Court, after a trial without jury, ruled that an easement by prescription had been created in favor of the plaintiff, Brooks, Gill and Company, Inc. (Brooks, Gill), in a fire escape connected to two buildings, and that the defendant, Landmark Properties, 217 Limited Partnership (Landmark), had acted wrongfully in removing the fire escape. The buildings, owned by Brooks, Gill and Landmark...

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