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SAXON GARAGE v. REGENCY E APT

193 Misc.2d 166 (2002)

748 N.Y.S.2d 231

SAXON GARAGE CORP., Plaintiff, v. REGENCY EAST APARTMENT CORP., Defendant.

Supreme Court, New York County.

September 12, 2002.

Attorney(s) appearing for the Case

Braverman & Associates, New York City (Edward Braverman and Jamie Gavrin of counsel), for defendant.

Berman & Fromme, P.C., New York City (Michael J. Berman of counsel), for plaintiff.

OPINION OF THE COURT

LOUIS B. YORK, J.

This is a motion for summary judgment dismissing the complaint. The question before the court is whether an owner-landlord of real property can establish an easement by prescription in parts of the leased premises. Neither party's research has revealed a case which has discussed this issue. Because the court holds that principles involving a tenant's right to an easement...

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