Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improperly determined that the plaintiff's deed was dispositive as to the extent of the easement over the defendants' property. "The owner of an easement has an interest in the land of another" (4 Powell on Real Property § 34.20 [1], at 34-185). "The extent of an easement claimed under a grant is generally determined by the language...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
