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ASCHE v. LAND AND BUILDING KNOWN AS 64-29 232ND STREET

12 A.D.3d 386 (2004)

784 N.Y.S.2d 577

RON ASCHE et al., Appellants, v. LAND AND BUILDING KNOWN AS 64-29 232ND STREET et al., Defendants, and JOSEPH McMAHON et al., Respondents.

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

November 8, 2004.

Ordered that the judgment is modified by adding thereto a provision declaring that the plaintiffs do not have an easement over the subject strip of land; as so modified, the judgment is affirmed, with costs to the respondents.

The plaintiffs claim that they are entitled to a permanent easement over a section of the defendants' property that is 18 inches wide, abuts the plaintiffs' driveway, and extends from the front of...

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