Opinion
June 26, 1989
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the Supreme Court that the easement by grant to the plaintiff's predecessor in interest created only a conditional easement in the property in question, which expired by its own terms in 1925. Nor was an easement created in favor of the plaintiff's predecessor in interest by a 1927 deed between two other parties which purported to recognize an easement existing in favor of the plaintiff's property. It is well settled that a reservation creating an easement cannot be made in favor of a stranger to the conveyance (Matter of Estate of Thomson v Wade, 69 N.Y.2d 570, 573-574; Tuscarora Club v. Brown, 215 N.Y. 543).
We have considered the plaintiffs remaining contentions and find them to be without merit. Bracken, J.P., Eiber, Harwood and Balletta, JJ., concur.