SMITH v. ORANGE & ROCKLAND UTILS., INC.


96 A.D.2d 901 (1983)

Janice Smith et al., Appellants, v. Orange and Rockland Utilities, Inc., Respondent

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

August 22, 1983


Appeal from the order dated January 21, 1983 dismissed. No appeal lies from an order denying reargument. Order and judgment affirmed.

Defendant is awarded one bill of costs. We agree with Special Term that the easement in issue is clear, unambiguous and broad enough to encompass the preventative maintenance program. It gives defendant the right to trim, cut and remove all trees without specific limitation (see Miller v Edmore Homes Corp., 285 App Div 837, 838...

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