BERG v. CAHILL

2019-02503 Index No. 621195/16.

213 A.D.3d 725 (2023)

184 N.Y.S.3d 357

2023 NY Slip Op 00645

William C. Berg, Plaintiff, and George Bubaris et al., Appellants, v. Michael J. Cahill, as Trustee of the Maude D. Roberg Revocable Living Trust, et al., Respondents.

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

Decided February 8, 2023.


Attorney(s) appearing for the Case

Gordon & Juengst, P.C., Shoreham, NY ( Jennifer A. Juengst of counsel), for appellants.

Glynn, Mercep and Purcell, LLP, East Setauket, NY ( A. Craig Purcell and Joseph J. Tromba of counsel), for respondents Michael J. Cahill, as trustee of the Maude D. Roberg Revocable Living Trust and Maude D. Roberg Revocable Living Trust.

Nicholas R. Ciappetta , Town Attorney, Huntington, NY ( J. Edward Gathman, Jr. , of counsel), for respondents Town of Huntington and Town of Huntington Planning Board.

Esseks, Hefter, Angel, Di Talia & Pasca LLP, Riverhead, NY ( Anthony C. Pasca of counsel), for respondents Fort Slongo, LLC, Preserve at Indian Hills, LLC, and Indian Hills CC, LLC.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.


In an action, inter alia, pursuant to RPAPL article 15 for a judgment declaring that the plaintiffs have an exclusive easement over certain real property, the plaintiffs George Bubaris, Joan Bubaris, and Theresa M. Federico appeal from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated January 16, 2019. The order, insofar as appealed from, (1) denied the plaintiffs' cross-motion for summary judgment on the...

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