SAPPHIRE ESTATE LTD. v. SUN SHAN LEE REALTY, INC.


293 A.D.2d 339 (2002)

740 N.Y.S.2d 196

SAPPHIRE ESTATE LTD., Appellant, v. SUN SHAN LEE REALTY, INC., et al., Respondents.

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

Decided April 16, 2002.


In granting defendants' cross motion, the motion court correctly found that plaintiff is not entitled to an easement by necessity; nor does it have any rights under the license agreement. Nevertheless, construing plaintiff's pleadings liberally and affording plaintiff's allegations the benefit of every possible favorable inference, as we must on a motion to dismiss for failure to state a cause of action, the question to be determined is whether the facts alleged fit within...

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