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BOGAN, JR. v. TOWN OF MT. PLEASANT

278 A.D.2d 264 (2000)

718 N.Y.S.2d 181

JAMES P. BOGAN, JR., et al., Respondents, v. TOWN OF MT. PLEASANT et al., Appellants, et al., Defendant.

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

Decided December 11, 2000.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The Supreme Court properly determined that the plaintiffs had an implied easement by grant and that the conduct of the defendant Gary Bettino in blocking their use of the easement constituted a trespass (see, Cranesville Block Co. v Niagara Mohawk Power Co., 175 A.D.2d 444...

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