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IN THE MATTER OF SOHO 54 LLC v. BERGMAN

4147, 100704/09.

81 A.D.3d 410 (2011)

915 N.Y.S.2d 555

In the Matter of SOHO 54 LLC, Appellant, v. PETER S. BERGMAN, Also Known as TOBI BERGMAN, et al., Respondents.

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

Decided February 1, 2011.

"It has long been the rule that the owner of the dominant tenement may not subject the servient tenement to servitude or use in connection with other premises to which the easement is not appurtenant" (Mancini v Bard, 42 N.Y.2d 28, 31 [1977] [internal quotation marks and citations omitted]). While two of petitioner's properties (56 and 54 Watts Street) have the right to use the alley, the third property (52 Watts Street) does...

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