From Casetext: Smarter Legal Research

Ammirati v. Wire Forms, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1948
273 App. Div. 1010 (N.Y. App. Div. 1948)

Opinion

May 10, 1948.


Judgment reversed on the law and the facts, with costs, defendants' motion for judgment dismissing the complaint denied, and plaintiff's motion for judgment as prayed for in the complaint granted, with costs, to the extent of declaring that plaintiff has an easement or right of way for driveway purposes over the strip of land eight-feet wide immediately adjoining on the south side of plaintiff's premises. The case of Buffalo Acad. of Sacred Heart v. Boehm Bros. ( 267 N.Y. 242) is inapplicable. It deals only with a covenant imposing building restrictions upon the use to which the property may be put. Such restrictions are not analogous to an easement. That case, therefore, must be confined to its own facts. Moreover, an examination of the title of defendant Wire Forms, Inc., would have disclosed, in the deed of Rebecca Dasheff to the L.R.S. Building Corporation, the creation of the easement in question. The existence upon the record of this deed containing the easement must be regarded as constructive notice to defendant Wire Forms, Inc. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lewis, P.J., Johnston, Adel and Sneed, JJ., concur; Wenzel, J., concurs on the ground first stated. Settle order on notice.


Summaries of

Ammirati v. Wire Forms, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1948
273 App. Div. 1010 (N.Y. App. Div. 1948)
Case details for

Ammirati v. Wire Forms, Inc.

Case Details

Full title:RAFFAELA AMMIRATI, Appellant, v. WIRE FORMS, INC., et al., Respondents, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 1948

Citations

273 App. Div. 1010 (N.Y. App. Div. 1948)

Citing Cases

Witter v. Taggart

" ( 267 N.Y., at 250.) The plaintiff, William Witter, asserts that this principle is not controlling here.…

Witter v. Taggart

The Appellate Division held that the servient land was burdened even though the easement was not included in…