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Property Keyed to Rabin
Epstein Family Partnership v. Kmart
Facts
The Epstein Family Partnership (Plaintiff) owned a property, which they subdivided and sold a portion to the Kmart Corporation (Defendant) and retained a landlocked parcel for the benefit of which it reserved a right-of-way easement over the property sold to Defendant. Plaintiff leased the landlocked property to the Levitz Furniture Company (Levitz), providing that Levitz could not erect or install exterior signs without Plaintiff’s written consent. Defendant tried to remove a sign that Levitz had erected on Kmart’s property.
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