Stratis v. Doyle

575 N.Y.S.2d 400 (1991)

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Nature of the Case

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Facts

By deed, Doyle (D) granted Abbatiello a right of way across his land for the purpose of constructing a driveway. The deed also stated that Abbatiello would construct and maintain the driveway in a workmanlike manner and that it would be completed by April 1, 1980. D eventually sold some of the property over which the right of way was granted to Dennebaum (D1). Abbatiello’s property was conveyed to Stratus (P) as tenants in common. P sued D for interference with their right of way. D defended alleging that he only gave a license personal to Abbatiello and even if the right of way was an easement the condition subsequent of construction and maintenance had not occurred and thus a forfeiture had resulted. The Court granted summary judgment for P. D appealed.