HOEFFNER v. JOHN F. FRANK, INC.


302 A.D.2d 428 (2003)

756 N.Y.S.2d 63

HENRY HOEFFNER, Appellant, v. JOHN F. FRANK, INC., et al., Respondents.

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

Decided February 10, 2003.


Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, the order is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

The plaintiff is the owner of a single-family dwelling located on 744 Old Nichols Road in Islandia. From the time the plaintiff purchased his property in April 1997 he has used, as a means of ingress and egress, a "right of way" easement...

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