Martone v. Prislupsky

*674Appeal from an order of the Supreme Court (Coutant, J.), entered April 1, 1999 in Broome County, which, inter alia, denied defendants’ motion for summary judgment dismissing the complaint.

The parties are neighbors who own adjoining real property on the south side of High Street in the Town of Kirkwood, Broome County. Defendants’ property is encumbered by a 20-foot-wide easement or right-of-way in favor of plaintiffs which runs from High Street in a southerly direction along the boundary line with plaintiffs’ property, past a garage located to the rear of plaintiffs’ property. In September…