HESS v. BACCARAT


210 A.D.2d 544 (1994)

619 N.Y.S.2d 798

Nathaniel Hess, Respondent, v. Jean P. Baccarat et al., Appellants. (And Third-, Fourth- and Fifth-Party Actions.)

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

December 1, 1994


Peters, J.

Pursuant to a deed dated May 25, 1976, plaintiff has an express easement of ingress and egress over real property of defendants. Plaintiff commenced this action seeking to prevent defendants from obstructing the easement or otherwise preventing plaintiff's use. Plaintiff moved for partial summary judgment seeking an injunction requiring defendants to remove a garage and fence which purportedly encroach upon the easement; defendants opposed...

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