Patterson Blacktop Corp. v. City of New York

Full title: PATTERSON BLACKTOP CORPORATION, Appellant, v. CITY OF NEW YORK et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1994

201 A.D.2d 252 (N.Y. App. Div. 1994)

607 N.Y.S.2d 269

Opinion

February 1, 1994

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).

Plaintiff, the owner of land adjacent to that of defendant City, paid fees to the City for many years for a permit giving it the use of an access driveway to a State highway. The State built the highway by virtue of an easement acquired through eminent domain. Plaintiff seeks a judgment declaring that by virtue of the condemnation, the City can no longer require it to obtain a permit.

The IAS Court properly found that the State's condemnation, which may not be "extended by inference or implication" (Schulman v. People, 10 N.Y.2d 249, 255), did not create an easement for plaintiff to cross defendant City's land, and dismissed the complaint (see, e.g., Bersani Bldg. v. State of New York, 21 A.D.2d 848).

Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.