CHION v. RADZIUL


62 A.D.3d 931 (2009)

PATRICIA CHION, Respondent, v. ROBERT RADZIUL et al., Appellants.

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

Decided May 26, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the third cause of action is granted.

The plaintiff commenced this action against the defendants to compel the determination of claims to real property, asserting three causes of action. In the first cause of action, the plaintiff seeks a declaration that a certain portion of the defendants' property was subject to an easement affording the plaintiff...

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