New York Court of Appeals

Betsey Newman, Appellant v. Abram Nellis, Respondent

November 25, 188497 N.Y. 285

Summary

The New York Court of Appeals reversed the lower court, holding that the defendant's promise to open a street, once performed, created a vested easement appurtenant that passed to the plaintiff despite the absence of a written grant, and that the plaintiff could enforce the easement by injunction.