SWINSON v. SHINE

2019-09878. Index No. 17204/14.

201 A.D.3d 982 (2022)

157 N.Y.S.3d 776

2022 NY Slip Op 00451

Ernest C. Swinson et al., Respondents, v. Edward Shine, Appellant.

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

Decided January 26, 2022.


Attorney(s) appearing for the Case

Ross & Associates, Patchogue, NY ( Christopher Ross of counsel), for appellant.

Law Offices of John B. Zollo, P.C., Smithtown, NY, for respondents.

Connolly, J.P., Hinds-Radix, Miller and Genovesi, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, making an appropriate declaration in accordance herewith.

The plaintiffs and the defendant each own parcels of real property located in Patchogue. The plaintiffs commenced this action, inter alia, pursuant to RPAPL article 15, seeking a judgment declaring that they possess an easement over...

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