Pleasantville Estates, Inc. v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Pleasantville Estates, Inc. v. New York Central Railroad

264 A.D. 879, 35 N.Y.S.2d 596, 1942 N.Y. App. Div. LEXIS 5225

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1942·Published

Opinion

Action to restrain defendant from obstructing or interfering with plaintiff’s right of way over certain land on which the defendant’s tracks run, and for other relief. Judgment entered in favor of plaintiff unanimously affirmed, with costs. The right of way is defined and granted by the mortgage instrument of November 14, 1924, and defined in the subsequent conveyance to which the mortgage instrument refers. Plaintiff has succeeded to the rights of the mortgagee therein. On the pleadings and proof herein it would not be proper to grant relief for excessive user of the way. Present — Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ.

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Action to restrain defendant from obstructing or interfering with plaintiff’s right of way over certain land on which the defendant’s tracks run, and for other relief. Judgment entered in favor of plaintiff unanimously affirmed, with costs. The right of way is defined and granted by the mortgage instrument of November 14, 1924, and defined in the subsequent conveyance to which the mortgage instrument refers. Plaintiff has succeeded to the rights of the mortgagee therein. On the pleadings and proof herein it would not be proper to grant relief for excessive user of the way. Present — Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ.

Pleasantville Estates, Inc. v. New York Central Railroad, 264 A.D. 879, 35 N.Y.S.2d 596, 1942 N.Y. App. Div. LEXIS 5225 (N.Y. Ct. App. 1942).

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264 A.D. 879 (Pleasantville Estates, Inc. v. New York Central Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.