Keefe v. Annpaul Realty Co.

Headnote

Real property — easements — injunction — action to restrain buiiiing upon alleyway in which plaintiff had easement of me for fire exit.

Keefe v. Annpaul Realty Co., Inc., 215 App. Div. 301 , affirmed.

Appeal from a judgment, entered February 27, 1926, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiffs. This action was to restrain

defendant Annpaul Realty Co., Inc., from building upon a right of way or alleyway in which the plaintiffs have an easement for fire exit purposes, under the following reservation contained in a deed by them to defendant’s predecessor in title: “ Reserving and excepting, nevertheless, to the parties of the first part, their heirs and assigns forever, the right to the use of the five feet wide alleyway, across the rear or westerly extremity of the above described premises, for use as a fire exit from the premises known as No. 5304 5th Avenue, immediately adjoining the above described premises on the south.”

Judgment affirmed, with costs;