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450 WEST 14TH ST. CORP. v. 40-56 TENTH AVENUE LLC

298 A.D.2d 113 (2002)

747 N.Y.S.2d 506

450 WEST 14TH ST. CORP., Respondent, v. 40-56 TENTH AVENUE LLC et al., Appellants.

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

Decided October 1, 2002.

Defendant 40-56 Tenth Avenue LLC (Tenth Avenue) owns certain real property adjoining real estate owned by plaintiff 450 West 14th St. Corp. Pursuant to a 1962 easement agreement and subsequent modification, plaintiff's predecessor conveyed to Tenth Avenue's predecessor an easement over a certain portion of plaintiff's property known as the De Lamater Square premises. The original agreement provides in relevant part that the easement is "for so long as the business of dealing...

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