CARLO v. LUSHIA


144 A.D.2d 211 (1988)

Charles Carlo, Jr., et al., Respondents, v. Emery Lushia et al., Appellants, et al., Defendant

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

October 27, 1988


Casey, J.

At issue on this appeal is whether Supreme Court erred in finding that plaintiff Charles Carlo, Jr. (hereinafter plaintiff) had an easement by necessity over land owned by defendants Emery Lushia and Rita Lushia (hereinafter defendants) in the Town of Chazy, Clinton County. "A way of necessity arises where there is a conveyance of a part of a tract of land of such nature and extent that either the part conveyed or the part retained is `landlocked...

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