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SEVEN SPRINGS, LLC v. NATURE CONSERVANCY

Nos. 2011-05761, 2011-07385.

95 A.D.3d 867 (2012)

943 N.Y.S.2d 569

2012 NY Slip Op 3434

SEVEN SPRINGS, LLC, Respondent, v. NATURE CONSERVANCY, Appellant, et al, Defendants.

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

Decided May 1, 2012.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment declaring that (a) the plaintiff has an express easement appurtenant by grant over certain land owned by the defendant Nature Conservancy, entitling the plaintiff to a right of way over the portion of Oregon Road starting at the southwest corner of...

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