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Wilkinson v. Nassau Shores, Inc., McKenna

Court of Appeals of the State of New York
Jun 5, 1952
304 N.Y. 614 (N.Y. 1952)

Opinion

Argued May 19, 1952

Decided June 5, 1952

Appeal from the Supreme Court, Appellate Division, Second Department, HOOLEY, J.

Ralph M. Carson, William R. Meagher and Edgar O. Appleby for appellants.

A. Bertram Roth for Nassau Shores, Inc., and others, respondents.

Paul J. Leach for Nassau Shores Country Club of Massapequa, Inc., and others, respondents.


Judgments modified by reversing so much thereof as provide for easements in favor of the respondent corporations, Nassau Shores, Inc., Richboro Realty Corporation and Harmon National Real Estate Corporation, and, as to such respondents, plaintiff is entitled to judgment, without costs.

Any easement rights claimed by equitable owners of lots to which said respondent corporations held legal title may be asserted by said equitable owners in an independent action in which they are parties, as they may be advised.

In all other respects the judgments are affirmed, without costs. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Not sitting: CONWAY, J.


Summaries of

Wilkinson v. Nassau Shores, Inc., McKenna

Court of Appeals of the State of New York
Jun 5, 1952
304 N.Y. 614 (N.Y. 1952)
Case details for

Wilkinson v. Nassau Shores, Inc., McKenna

Case Details

Full title:ROBERT A. WILKINSON, Appellant, v. NASSAU SHORES, INC., et al.…

Court:Court of Appeals of the State of New York

Date published: Jun 5, 1952

Citations

304 N.Y. 614 (N.Y. 1952)
107 N.E.2d 93

Citing Cases

Sterrer v. Genoa

In Wilkinson v. Nassau Shores ( 1 Misc.2d 917, affd. without opn., 278 App. Div. 970, mod. 304 N.Y. 614) the…

Weil v. Atlantic Beach Holding Corporation

(Cf. Williamson v. Salmon, 105 Misc. 485, affd. 196 App. Div. 922, affd. 233 N.Y. 657; Wilkinson v. Nassau…