H.S. FARRELL, INC. v. FORMICA CONSTRUCTION CO., INC.


41 A.D.3d 652 (2007)

838 N.Y.S.2d 628

H.S. FARRELL, INC., et al., Respondents, v. FORMICA CONSTRUCTION CO., INC., et al., Appellants, et al., Defendant.

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

Decided June 19, 2007.


Ordered that the judgment is modified, on the law, by deleting the second, third, fourth, seventh, and eighth decretal paragraphs thereof, and substituting therefor a provision declaring that the plaintiffs do not possess an implied easement over Gales Lane; as so modified, the judgment is affirmed insofar as appealed from, with costs to the defendants Formica Construction Co., Inc., and Ferry Street Enterprises, Inc.

The plaintiffs own a parcel of real property in...

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