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CAMPBELL v. BLUE POINT COMMUNITY ASSOCIATION, INC.

267 A.D.2d 413 (1999)

700 N.Y.S.2d 860

ANGUS CAMPBELL, Appellant, v. BLUE POINT COMMUNITY ASSOCIATION, INC., Respondent.

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

Decided December 27, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs of disbursements.

The Supreme Court properly determined that there are issues of fact concerning the intention of the grantor of the easement at issue and the parties' conduct before and after the grant, which preclude summary judgment in favor of the plaintiff (see, Perillo v Credendino, 464 A.D.2d 473; Route 22 Assocs. v Cipes, 204 A.D.2d 705

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