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127 RESTAURANT CORP. v. ROSE REALTY GROUP, LLC

19 A.D.3d 172 (2005)

798 N.Y.S.2d 387

127 RESTAURANT CORP., Appellant, v. ROSE REALTY GROUP, LLC, et al., Respondents.

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

June 9, 2005.

In 2000, the Skyview defendants and Rose Realty agreed to a relocation of the subject easement, created in 1985, to allow for the development of the burdened property. Inasmuch as the easement's relocation was expressly contemplated in the 1985 Declaration of Easement, the 2000 easement relocation was consistent with the intent of the original grant (see Dowd v Ahr, 78 N.Y.2d 469 [1991]), and since the 2000 Declaration of Easement...

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