MONTE v. DIMARCO


192 A.D.2d 1111 (1993)

596 N.Y.S.2d 253

Philip J. Monte, Appellant, v. Domenico Dimarco et al., Respondents

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

April 14, 1993


Judgment unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking damages for defendants' alleged unauthorized use of his real property and, additionally, seeking to enjoin defendants from entering onto such property and using an underground sewer line traversing the property. Defendants counterclaimed, seeking a judgment granting them a permanent implied easement over and under the property. Plaintiff appeals from a judgment that...

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