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Court of Appeals of New York


Simone v. Heidelberg, 130

In case involving reciprocal easement agreement between two parties for use of a driveway, reversal of summary judgment for plaintiffs is reversed where the easement was extinguished when the common owners acquired title to both parcels and the common owners lacked the authority to recreate the driveway easement over the servient estate at the time they transferred the dominant estate.

Appellate Information

  • Decided 11/15/2007
  • Published 11/15/2007

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  • Court of Appeals of New York

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