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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46722 Justice York THE PARTIES own adjoining parcels formerly owned by a single entity. A fire ladder attached to the rear of plaintiffs’ building allows tenants to get to the street through defendant’s property. Defendant’s building under construction will abut plaintiffs’ building, eliminating tenants’ street access in case of emergency. In plaintiffs’ action seeking a declaration that they have an easement by necessity in the use of defendant’s property as an emergency exit to the street, defendant argued that plaintiffs could create an alternative means of access by installing sprinklers in their building and constructing an enclosed, fire-resistant hallway. Finding that the balance of hardships favored the plaintiffs, the court issued a preliminary injunction that plaintiffs have an easement by necessity in their use of defendant’s property. As long as the fire ladder and defendant’s property represent the only means to exit the rear of plaintiffs’ property in case of an emergency such as a fire, plaintiffs have a need for such an easement.

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