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MOBILE MOTIVATIONS, INC. v. LENCHES

26 A.D.3d 568 (2006)

809 N.Y.S.2d 253

MOBILE MOTIVATIONS, INC., Appellant, v. WILLIAM LENCHES et al., Defendants, and RANDHIR JHAMB, Respondent.

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

February 2, 2006.

PETERS, J.

This action sought to enjoin the use of a driveway by defendant Randhir Jhamb (hereinafter defendant), which crosses plaintiff's property. Defendant owns a .755-acre parcel which abuts plaintiff's .366-acre parcel. Although defendant has a deeded easement west of plaintiff's parcel, he claims an easement over plaintiff's parcel, designated as the "new driveway," to access his home because a septic system, constructed...

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