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SIMONE v. HEIDELBERG

9 N.Y.3d 177 (2007)

877 N.E.2d 1288

847 N.Y.S.2d 511

JOHN E. SIMONE et al., Appellants, v. JAY J. HEIDELBERG et al., Respondents.

Court of Appeals of the State of New York.

Decided November 15, 2007.

Attorney(s) appearing for the Case

Daniel D. Leddy, Jr., Staten Island, for appellants.

John Z. Marangos, Staten Island, for respondents.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

In 1933, the then-individual owners of adjacent properties, located at 157-159 Driggs Street and 163-165 Driggs Street on Staten Island, entered into an agreement creating a reciprocal easement, in which a portion of each other's property was to be used solely as a driveway. The easement was apparently created so that the owner of 157-159 Driggs, the dominant estate, could...

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