285 A.D. 837 | N.Y. App. Div. | 1955
Respondents are the respective owners of thirteen of a row of fourteen attached one-family dwellings and the lots on which they stand. On each lot and to the rear of each of their dwellings is a semidetached garage. Each garage is about eighteen feet deep; the space between each garage and the shed which is attached to the rear of each dwelling is about fifteen feet; and the space between the opposite end of the garage, at which end are the garage doors, and the rear lot line is about twelve feet. The dwellings and garages were constructed about the year 1931. Appellant was the owner of the land to the rear of respondents’ lots when, in March or April of 1953, it built a retaining wall along respondents’ rear lot line in connection with constructing homes on its land, which up to that time had been vacant. The action was brought by respondents to adjudge that they have an implied easement to use a strip of said land to the rear of theirs of a width of about ten feet contiguous to their rear lot line and running out to the street at the northern end of the row of dwellings, as part of a driveway between the garages and said street; to compel appellant to remove the wall; and for an injunction. During the pendency of the action, respondents’ notice of pendency of the action was