You are here: / / Leased Right-of-Way Was an Easement Appurtenant Which Can Only Be Extinguished...
,

Leased Right-of-Way Was an Easement Appurtenant Which Can Only Be Extinguished by Abandonment, Conveyance, Condemnation or Adverse Possession

The Third Department determined a preliminary injunction was properly granted in an action alleging defendant’s interference with plaintiff’s leased right-of-way:

Plaintiff owns an industrial building with deeded easements located within defendant’s industrial park in the City of Schenectady, Schenectady County. Plaintiff also leases from defendant an adjoining parcel with a general right of ingress and egress. Plaintiff commenced this action seeking a declaration that its leased right-of-way entitles it to a general right of passage of commercial vehicles in connection with its heavy steel fabrication business operated on the premises. Plaintiff also seeks a permanent injunction prohibiting defendant from interfering with plaintiff’s use of the general right-of-way and compelling defendant to remove certain obstructions to its right of passage. * * *

Supreme Court did not abuse its discretion by concluding that defendant was unlikely to succeed on its claim that the metes and bounds easement conveyed to plaintiff when it purchased the building from defendant’s predecessor limits and restricts the general right of ingress and egress granted in the lease that was entered into at the same time with that same predecessor. The general right-of-way in the lease is an easement appurtenant that “may be extinguished only by abandonment, conveyance, condemnation or adverse possession” … . Inasmuch as there is no evidence that the general right-of-way was abandoned, conveyed, condemned or adversely possessed, it continues to exist, notwithstanding any easement provided for in connection with the separate conveyance of the building to plaintiff … .

Given that plaintiff has a general right of ingress and egress, defendant may only alter the passageway “so long as [plaintiff’s] right of passage is not impaired” … . Plaintiff presented photographs and an affidavit from its president establishing that defendant’s placement of steel poles along the easement’s boundaries and a locked gate at one of the entrances restricted plaintiff’s ingress and egress, thereby showing a likelihood of success on the merits of its action … . STS Steel Inc v Maxon Alco Holdings LLC, 2014 NY Slip OP 08694, 3rd Dept 12-11-14

 

You might also like
Defendant Could Properly Subpoena Documents Which May Support a Motion to Dismiss the Indictment in the Interest of Justice/There Was Evidence of a Policy Not to Prosecute Native Americans for Tax Law Violations Relating to Cigarettes
DEFENSE COUNSEL APOLOGIZED TO COUNTY COURT AND INDICATED DEFENSE COUNSEL’S BEHAVIOR MAY HAVE CAUSED THE PEOPLE TO HAVE WITHDRAWN A MORE FAVORABLE PLEA OFFER, COUNTY COURT SHOULD HAVE ASSIGNED SUBSTITUTE COUNSEL AND SHOULD HAVE CONDUCTED AN INQUIRY TO DETERMINE WHETHER THE PEOPLE SHOULD BE COMPELLED TO REOFFER THE PRIOR PLEA DEAL (THIRD DEPT).
Newspaper Carriers Were Employees Despite Reference to Them as Independent Contractors In Employment Agreement
EXECUTIVE LAW DOES NOT PROVIDE FOR THE CIRCUMSTANCE WHERE MORE THAN ONE CRIME VICTIM OBTAINS A JUDGMENT AGAINST THE ASSETS OF THE OFFENDER, HERE THE OFFICE OF VICTIM SERVICES PROPERLY PAID OUT THE ASSETS TO THE FIRST CRIME VICTIM WHO OBTAINED A JUDGMENT (THIRD DEPT).
Fraud Cause of Action Seeking Only Lost Profits as Damages Must Be Dismissed
CPLR 204(A) IN CONJUNCTION WITH RPAPL 1301(3) TOLLED THE STATUTE OF LIMITATIONS WHILE THE FIRST FORECLOSURE ACTION WAS PENDING, FROM 2010 TO 2013, RENDERING THE SECOND FORECLOSURE ACTION IN 2017 TIMELY (THIRD DEPT).
THE CLAUSE OF THE COLLECTIVE BARGAINING AGREEMENT WHICH STATED THE AGREED FIREFIGHTER STAFFING LEVEL WAS 36 DID NOT BARGAIN AWAY THE MUNICIPALITY’S RIGHT TO ELIMINATE POSITIONS, THEREFORE THE MUNICIPALITY’S REFUSAL TO FILL A FIREFIGHTER VACANCY WAS NOT ARBITRABLE (THIRD DEPT). ​
Sexual Harassment Created Hostile Work Environment/Firing Was Impermissible Retaliation 

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Statutory Privilege Afforded Emergency Vehicles (Imposing a “Reckless... Even Though Probable Cause for a DWI Arrest Existed, the Arresting Officer Testified...