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ROUTE 22 ASSOCS. v. CIPES

204 A.D.2d 705 (1994)

613 N.Y.S.2d 33

Route 22 Associates, Respondent, v. Stephen R. Cipes et al., Appellants

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

May 31, 1994

Ordered that the judgment is affirmed, with costs.

"The rules applied to the construction of an easement created by an express grant are the same as those applicable to the construction of language contained in a deed * * * Although extrinsic factors may be considered in determining the intent of the parties where the language in the instrument creating the easement is vague and unclear[,] a contrary intent cannot be implied...

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