GETZ v. HARVEY


289 A.D.2d 526 (2001)

736 N.Y.S.2d 65

JOSEPH GETZ et al., Appellants, v. RAY HARVEY et al., Respondents.

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

Decided December 31, 2001.


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the weight of the evidence supports the conclusion that the easement in question was intended to afford a right of egress and ingress only, and that the plaintiffs' right of egress and ingress is fully protected by limiting the physical scope of the easement to the paved highway which runs eastward from East Shore Road toward Manhasset Bay. "[T]he plaintiffs failed to establish...

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