Pagano v. Kramer
Cases that cite this one
4 later published cases cite this decision.
- Behar v. Wiblishauser (Appellate Division of the Supreme Court of New York 2012)
- Behar v. Wiblishauser (Appellate Division of the Supreme Court of New York 2012)
- Elow v. Svenningsen (Appellate Division of the Supreme Court of New York 2009)
- Fennica Builders, Inc. v. Hersh (Appellate Division of the Supreme Court of New York 1990)
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
In this action to establish a private easement to a 4-foot strip of land adjacent to plaintiffs’ property and to enjoin defendants from interfering with the easement, we agree with the Appellate Division that plaintiffs obtained an easement by prescription. Appellants contend that the foreclosure sale for unpaid taxes extinguished the easement since the tax levy predated any prescriptive easement which plaintiffs might have established. Assuming this to be so, nevertheless, the tax deed from the city to appellant Kramer explicitly stated that the conveyance of the property was “ subject to a private Right-of-Way easement”. While this language could not create any easement, it did preserve plaintiffs’ easement by
The order should be affirmed, with costs.
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.