DiDonato v. Dyckman
| Citation | 121 A.D.3d 638,993 N.Y.S.2d 375,2014 N.Y. Slip Op. 06556 |
| Decision Date | 01 October 2014 |
| Docket Number | 2012-09804, Index No. 656/07. |
| Parties | Joanne DiDONATO, respondent, v. Charles DYCKMAN, et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
121 A.D.3d 638
993 N.Y.S.2d 375
2014 N.Y. Slip Op. 06556
Joanne DiDONATO, respondent
v.
Charles DYCKMAN, et al., appellants.
2012-09804, Index No. 656/07.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 1, 2014.
Herodes & Mole, P.C., Mahopac, N.Y. (Anthony R. Mole of counsel), for appellants.
Steven Habiague, Poughquag, N.Y., for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Opinion
In an action, inter alia, for a judgment declaring that the plaintiff has an exclusive easement over certain real property owned by the defendants and for injunctive relief, the defendants appeal from so much of an order of the Supreme Court, Putnam County (Nicolai, J.), dated August 10, 2012, as, sua sponte, declared that the plaintiff's encroachments on the defendants' property by trucks carrying fuel or other necessities are de minimis and that the defendants shall not interfere with
the plaintiff's lawful use of the easement, including during such deliveries.
ORDERED that on the Court's own motion, the notice of appeal from so much of the order dated August 10, 2012, as, sua sponte, declared that the plaintiff's encroachments on the defendants' property by trucks carrying fuel or other necessities are de minimis and that the defendants shall not interfere with the plaintiff's lawful use of the easement, including during such deliveries, is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c] ); and it is further,
ORDERED that the order is reversed insofar as appealed from, on the law, with costs.
The plaintiff and the defendants own abutting lots located in Mahopac. The plaintiff's property benefits from an easement by grant dated April 1, 1964, which is a right-of-way along a private, 12–foot wide surfaced road located on the defendants' property,...
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