Chatsworth Realty 344 LLC v. Hudson Waterfront Company A, LLC
Cases that cite this one
5 later published cases cite this decision.
- 144 Barrow St. LLC v. Board of Mgrs. of 130 Barrow St. Condominium (New York Supreme Court, New York County 2025)
- 437 W. 36th St. LLC v. ZDJ W 37 LLC (Appellate Division of the Supreme Court of New York 2025)
- Diaz v. Mai Jin Yang (Appellate Division of the Supreme Court of New York 2017)
- Schaefer v. Dehauski (Appellate Division of the Supreme Court of New York 2010)
- Golub v. Simon (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 10, 2003, which granted defendants’ motion to dismiss the amended complaint and denied plaintiff’s cross motion for leave to serve a second amended complaint, unanimously affirmed, with costs.
Documentary evidence in the record demonstrates conclusively that neither plaintiff nor its predecessors ever acquired the disputed property — a three-foot-wide strip running north and south along the property line between West 71st and West 72nd Streets — by transfer of title. Nor has plaintiff pleaded the necessary elements to demonstrate acquisition by adverse pos
Plaintiff is unable to demonstrate, under the doctrine of practical location, that the parties have mutually agreed upon a new location of a previously disputed property demarcation line, or that plaintiff adversely possesses a portion of defendants’ property in defiance of defendants’ understanding of the boundary (see Lewis v Berleue, 48 AD2d 716 [1975]; Adams v Warner, 209 App Div 394, 397-399 [1924]). Further amended pleading is thus unwarranted.
Fundamentally at issue in this case is defendants’ interference with the unobstructed river view that plaintiff has enjoyed for the better part of a century. New York does not recognize an easement for light and air, except where created by express agreement (see Lafayette Auvergne Corp. v 10243 Mgt. Corp., 35 NY2d 834, 836 [1974]). Concur — Saxe, J.P., Rosenberger, Williams, Marlow and Gonzalez, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.