TROLF v. SOFIELD


40 A.D.3d 844 (2007)

835 N.Y.S.2d 721

VERA TROLF, Respondent, v. GREGORY SOFIELD et al., Defendants and Third-Party Plaintiffs-Appellants. EDWARD MICHAEL LESLIE et al., Third-Party Defendants; WILLIAM PATTI et al., Third-Party Defendants-Respondents.

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

Decided May 15, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established her prima facie entitlement to judgment as a matter of law on the first and second causes of action by presenting evidence that the gate constructed by the defendants third-party plaintiffs, and any gates that they might construct across Water Street, would unreasonably interfere with her right to use her easement over Water Street (see Gisondi v Nyack Mews Condominium...

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