HOFFMANN v. DELBEAU

2014-10634, Index No. 15904/13.

139 A.D.3d 803 (2016)

33 N.Y.S.3d 289

2016 NY Slip Op 03707

PETER HOFFMANN et al., Respondents, v. DANIEL DELBEAU et al., Appellants.

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

Decided May 11, 2016.


Ordered that the order and judgment is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the complaint is denied.

The plaintiffs and the defendants own neighboring attached houses in Glendale. The deeds to both parcels of property contain reciprocal easements for rights-of-way over a common driveway located behind the houses. The easement provides, in relevant part, that "said strip or piece of land shall at all times hereafter continue...

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