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JOHNSON v. DUNBAR

282 A.D. 720 (1953)

Frank E. Johnson, Appellant, v. Hilda Dunbar, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 15, 1953.

Section 536 of the Real Property Law does not govern an action for damages with respect to real property admittedly not owned by the plaintiff but as to which he merely asserts that he has an implied easement of access. To retain jurisdiction of such an action would be tantamount to making an adjudication with respect to title of land without the State.

Nolan, P. J., dissents and votes to reverse the order and to deny the motion to dismiss the complaint...

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