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EDWARDS-PITT v. DOE

300 A.D.2d 279 (2002)

751 N.Y.S.2d 295

COVENTRY EDWARDS-PITT, Appellant-Respondent, v. JOHN DOE, Doing Business as LONGSTAFF PAVING & EXCAVATING, et al., Defendants, and JOHN DONOVAN et al., Respondents-Appellants.

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

Decided December 2, 2002.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly denied that branch of her motion which was for summary judgment dismissing the counterclaim of the defendants John Donovan and Miriam Donovan insofar as it was for a judgment declaring that they could prevent the removal of certain blacktop located on their real property, a portion of a drainage system abutting that blacktop, and a...

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