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Papasmiris v. Katsos

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 619 (N.Y. App. Div. 1999)

Opinion

Argued May 14, 1999

June 28, 1999

In an action, inter alia, to enjoin the defendant from blocking access to a purported driveway easement owned by the plaintiff, the defendant appeals from so much of an order of the Supreme Court, Kings County (Vaughan, J.), entered May 12, 1998, as granted the plaintiff's motion for summary judgment enjoining him from closing, obstructing, or otherwise restricting the plaintiff's use of the driveway.

Barbara H. Katsos, New York, N.Y., for appellant.

Mulholland Knapp, LLP, New York, N.Y. (Robert P. Knapp of counsel), for respondent.

FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The extent of an easement that is claimed under a grant is generally limited by the language of the grant, as a grantor may create an extensive or a limited easement ( see, Ledley v. D.J. N.A. Mgt., 228 A.D.2d 482; Ciano v. Smolan, 225 A.D.2d 727; Mandia v. King Lbr. Plywood Co., 179 A.D.2d 150). The terms of the grant are to be construed most strongly against the grantor in ascertaining the extent of the easement ( see, Ledley v. D.J. N.A. Mgt., supra; Circuit City Stores v. Muss, 151 A.D.2d 714, 715). The facts of this case support the Supreme Court's determination that the grant gives the plaintiff an easement to use a driveway located on the defendant's property. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment enjoining the defendant.

The defendant's remaining contentions are without merit.


Summaries of

Papasmiris v. Katsos

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 619 (N.Y. App. Div. 1999)
Case details for

Papasmiris v. Katsos

Case Details

Full title:MARY YIALOURIS PAPASMIRIS, respondent, v. JOHN KATSOS, appellant

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

Date published: Jun 28, 1999

Citations

262 A.D.2d 619 (N.Y. App. Div. 1999)
692 N.Y.S.2d 471

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