NEWCOMB v. HULL


134 A.D.2d 853 (1987)

George Newcomb et al., Respondents, v. Robert K. Hull et al., Appellants. (Appeal No. 1.)

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

November 10, 1987


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following memorandum: The trial court's determination declaring that plaintiffs have a valid easement by express grant over defendants' property and permanently enjoining defendants from obstructing the right-of-way is supported by the record and is affirmed. The court erred, however, by awarding counsel fees to plaintiffs in the absence of an agreement between the parties...

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