Opinion
April 3, 1950.
In an action to determine an adverse claim to real property, pursuant to article 15 of the Real Property Law, order denying defendants' motion to dismiss a third amended complaint on the ground that it does not state facts sufficient to constitute a cause of action, affirmed, without costs, with leave to defendants to answer within ten days from the entry of the order hereon. The recording of the deed which created the easement of a right of way over the grantor's remaining adjacent land constituted constructive notice to plaintiff when it later took title to the servient parcel from the same grantor. ( Ammirati v. Wire Forms, Inc., 273 App. Div. 1010, affd. 298 N.Y. 697.) However, the issue of the precise location of the right of way, and its dimensions, may be determined, under this pleading, upon a trial. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.