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MARCEDA v. MITKOWSKI

2014-09126, Index No. 32859/13.

141 A.D.3d 508 (2016)

35 N.Y.S.3d 246

MICHAEL MARCEDA et al., Respondents, v. BRYAN J. MITKOWSKI, Appellant.

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

Decided July 6, 2016.

Ordered that the judgment is affirmed, with costs.

Bryan J. Mitkowski commenced a prior action against Michael Marceda seeking to permanently enjoin Marceda from interfering with Mitkowski's use of an easement described in a written easement agreement dated October 23, 1961 (hereinafter the 1961 Easement Agreement). In that action, Mitkowski alleged, inter alia, that by virtue of the 1961 Easement Agreement, he had a right of way to use a paved driveway on Marceda...

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