Norris v. Hoffman

In Norris v. Hoffman (133 App Div 596 [1st Dept 1909], affd 197 NY 578 [1910]), a right of way for carriages was granted to three lot owners to be used "as a passage to their respective stables." Ruling that a cessation of use "under circumstances showing an intention to abandon the easement--no matter for how short a time--works a destruction of the right," the Court held that the demolition of the existing houses and the erection of a large apartment building "extinguished whatever easement they had theretofore in the carriageway, because such act was inconsistent with the terms of the reservation ... as the circumstances under which it was reserved and the necessity for its use no longer exist" (at 599, 600).