TENTH AVE. LLC v. WEST 14TH ST. CORP.


22 A.D.3d 416 (2005)

803 N.Y.S.2d 56

40-56 TENTH AVE. LLC, Appellant, v. 450 WEST 14TH ST. CORP., Respondent.

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

October 27, 2005.


Plaintiff's property at 48-56 Tenth Avenue borders defendant's property at 450-456 West 14th Street. Plaintiff has an exclusive use easement over defendant's property that provides the only access from the rear of its premises to West 14th Street. The easement agreement provides that the easement will exist "for so long as the business of dealing in meats, meat products or other food products is carried on in the [48-56 Tenth Avenue...

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