PREGO v. GUTCHESS


61 A.D.3d 1394 (2009)

877 N.Y.S.2d 554

MICHAEL A. PREGO et al., Appellants, v. DAVID GUTCHESS, Defendant, and TOAN T. HELMER, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 24, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking, inter alia, a determination that they have an easement over or contiguous to a parcel owned by defendant David Gutchess and a separate parcel owned by Toan T. Helmer (defendant). As limited by their brief, plaintiffs appeal from an order insofar as it denied that part of their motion for summary judgment on the complaint...

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