Lockwood v. Tibaldi

Full title: RICHARD W. LOCKWOOD et al., Respondents, v. JENNIE TIBALDI, Appellant

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

Date published: Jun 7, 1993

194 A.D.2d 590 (N.Y. App. Div. 1993)

599 N.Y.S.2d 989

Opinion

June 7, 1993

Appeal from the Supreme Court, Orange County (Owen, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The language of the defendant's deed clearly creates a five-foot-wide easement in favor of the plaintiffs. Therefore, the court properly enjoined the defendant from obstructing the land over which the plaintiffs have an easement (see generally, Laera v. Molina, 100 A.D.2d 615; 487 Elmwood v. Hassett, 83 A.D.2d 409).

Moreover, the Supreme Court properly dismissed the defendant's counterclaim as untimely (see, Oneida County Mobile Home Sales v Niagara Mohawk Power Corp., 47 N.Y.2d 954; Rahabi v. Morrison, 81 A.D.2d 434).

We have not considered the defendant's remaining contentions as they were not raised before the Supreme Court (see, Block v Magee, 146 A.D.2d 730). Sullivan, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.