BILLES v. EDDY


236 A.D.2d 853 (1997)

653 N.Y.S.2d 900

Alfred W. Billes et al., Appellants, v. Gerald L. Eddy, Jr., Respondent

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

February 7, 1997


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion for summary judgment dismissing defendant's affirmative defenses in this trespass action. Plaintiffs failed to meet their initial burden by offering evidentiary proof in admissible form that defendant does not have an implied easement based upon existing use (see, Monte v DiMarco, 192 A.D.2d 1111, lv denied...

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