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HULSE v. MACK

261 A.D.2d 580 (1999)

688 N.Y.S.2d 922

ALFRED A. HULSE et al., Respondents, v. JOSEPH MACK et al., Appellants.

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

Decided May 24, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are issues of fact concerning the intention of the grantors of the easement, and the parties' conduct prior to and subsequent to the grant, which preclude the granting of summary judgment (see, Lewis v Young, 92 N.Y.2d 443, 453-454; Phillips v Jacobsen, 117 A.D.2d 785

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