MATTER OF LAWRENCE v. 5 HARRISON ASSOCIATES, LTD.


295 A.D.2d 131 (2002)

742 N.Y.S.2d 826

In the Matter of SUSAN LAWRENCE et al., Respondents, v. 5 HARRISON ASSOCIATES, LTD., Appellant.

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

Decided June 6, 2002.


We reject defendant's argument that the extent of the subject easement, which was clearly described in a conveyance to plaintiffs' predecessor, the sponsor of their condominium's conversion, should be limited to what was necessary to obtain the residential certificate of occupancy for plaintiffs' building, in accordance with the claimed intention of the parties' predecessors. The manifestations of intent urged by defendant are the "Whereas" clauses of the easement conveyance...

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