Opinion
December 4, 1961
In an action under article 15 of the Real Property Law, to bar defendant from claiming any right in a certain portion of plaintiffs' land, such claim of right being made on the basis of a provision in a certain deed which contains a provision that the conveyance is "`Subject to an easement in perpetuity for highway purposes not exceeding ten (10) feet'", plaintiffs appeal from a judgment of the Supreme Court, Nassau County, rendered June 22, 1961 upon the decision of the court, dismissing the complaint after a nonjury trial on agreed stipulations as to the facts. Judgment affirmed, with costs. No opinion. Nolan, P.J., Beldock, Ughetta and Brennan, JJ., concur; Christ, J., not voting.