LUCAS v. KANDIS


303 A.D.2d 649 (2003)

757 N.Y.S.2d 86

PETER J. LUCAS, Appellant, v. BARBARA KANDIS et al., Respondents.

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

Decided March 24, 2003.


Ordered that the order is affirmed, with costs.

The plaintiff sought to enjoin his neighbors from using a right-of-way easement shared in common by all owners and occupants of 11 parcels of property. Specifically, the plaintiff contends, and the defendants do not dispute, that the defendants maintain a fence which encroaches two feet into the common driveway and park vehicles on it. The Supreme Court denied the plaintiff's motion for summary judgment and he appeals...

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