MONAHAN v. HAMPTON POINT ASSOCIATION, INC.


264 A.D.2d 764 (1999)

695 N.Y.S.2d 385

THOMAS MONAHAN et al., Appellants, v. HAMPTON POINT ASSOCIATION, INC., et al., Respondents.

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

Decided September 20, 1999.


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly found, as a matter of law, that the subject dock, located at the end of an easement leading to a waterway, was a reasonable and incidental use of the easement. Under the circumstances of this case, the creation of the easement would have been without purpose if not for the dock giving access to the waterway (see, Briggs v Di Donna, 176 A.D.2d 1105

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