SAM DEVELOPMENT, LLC v. DEAN


292 A.D.2d 585 (2002)

740 N.Y.S.2d 90

SAM DEVELOPMENT, LLC, Respondent, v. ROBERT DEAN et al., Appellants, et al., Defendants.

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

Decided March 25, 2002.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, the permanent injunction is vacated, and the counterclaim is reinstated.

Before March 17, 1906, the dominant and servient properties were owned by a common grantor. On that date, the common grantor sold the dominant property to Lillie Enggren and the servient property to Emma Callahan and Maude Smith. Both the deed to the dominant property and the deed to the servient property...

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