M. J. Kelly Co. v. Brooklyn Eastern District Terminal

Appellate Division of the Supreme Court of New York

M. J. Kelly Co. v. Brooklyn Eastern District Terminal

54 A.D.2d 582, 386 N.Y.S.2d 1014, 1976 N.Y. App. Div. LEXIS 13938

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1976·Published

Opinion

In an action inter alia to declare that plaintiff has a license to cross defendant’s tracks, defendant appeals from a resettled judgment of the Supreme Court, Kings County, entered March 17, 1976, which, after a nonjury trial, (1) declared that defendant had granted plaintiff a license to cross its tracks at a particular point, which license may not be revoked at this time, (2) declared that plaintiff had established an easement by prescription to cross defendant’s land at another point for itself, its suppliers and its customers to make use of plaintiff’s loading bays in its building and (3) enjoined defendant’s erection of a barrier to bar plaintiff’s use of said easement. Resettled judgment affirmed, with costs, on [583] the opinion of Mr. Justice Rubin at Special Term. Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

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In an action inter alia to declare that plaintiff has a license to cross defendant’s tracks, defendant appeals from a resettled judgment of the Supreme Court, Kings County, entered March 17, 1976, which, after a nonjury trial, (1) declared that defendant had granted plaintiff a license to cross its tracks at a particular point, which license may not be revoked at this time, (2) declared that plaintiff had established an easement by prescription to cross defendant’s land at another point for itself, its suppliers and its customers to make use of plaintiff’s loading bays in its building and (3) enjoined defendant’s erection of a barrier to bar plaintiff’s use of said easement. Resettled judgment affirmed, with costs, on [583] the opinion of Mr. Justice Rubin at Special Term. Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

M. J. Kelly Co. v. Brooklyn Eastern District Terminal, 54 A.D.2d 582, 386 N.Y.S.2d 1014, 1976 N.Y. App. Div. LEXIS 13938 (N.Y. Ct. App. 1976).

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54 A.D.2d 582 (M. J. Kelly Co. v. Brooklyn Eastern District Terminal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.