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ALBANESE v. CONSOL. RAIL CORP.

245 A.D.2d 475 (1997)

666 N.Y.S.2d 680

Anthony Albanese, Plaintiff, v. Consolidated Rail Corporation, Respondent, and Nepera, Inc., Appellant

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

December 22, 1997

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The defendant Consolidated Rail Corporation (hereinafter Conrail) and the defendant Nepera, Inc. (hereinafter Nepera), entered into an agreement whereby Nepera leased land containing railroad tracks from Conrail. Section 5.1 of the lease permitted Nepera to use "the land and tracks solely for the purpose[s] of a driveway, fence and storage of railroad cars".

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