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LANDY v. CAHN

792 A.2d 544 (2002)

348 N.J. Super. 592

Eugene LANDY and Gloria Landy, Patrick J. Moran and Ethel K. Moran, Stephen A. Tyler and Ingrid D. Tyler, Jeffrey B. Lown and Maris A. Lown, Alan Fendrick and Evelyn Fendrick, James Dooley and Janice Dooley, Marc D. Galligan and Millie Galligan, Donald J. White and Betsy White, William Statter and Frances Statter, Mary Anne Codd, Walter J. Kahn and Susan S. Kahn, Plaintiffs-Appellants, v. Herbert CAHN and Ruth Cahn, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2002.

Attorney(s) appearing for the Case

Christopher J. Hanlon, Freehold, argued the cause for appellants, (Hanlon & Niemann, attorneys; Mr. Hanlon and Neal M. Ruben, on the brief).

David C. Apy, Newark, argued the cause for respondents, (McCarter & English, attorneys; Mr. Apy, of counsel, and Christopher K. Williams, on the brief).

Before Judges BAIME, FALL and AXELRAD.

The opinion of the court was delivered by FALL, J.A.D.

In this easement dispute action plaintiffs appeal from entry of summary judgment dismissing their complaint. The issues posed in the appeal are whether a valid, enforceable access easement to the Shrewsbury River running in favor of plaintiffs exists across property owned by defendants Herbert and Ruth Cahn by virtue of a deed of easement executed on June 1, 1962 by Dorothy F. Berg and Robert E. Berg, predecessors...

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