Yolam Construction, Inc. v. Phillips

Appeals (1) from an order of the Supreme Court (Dier, J.), entered December 28, 1993 in Washington County, which granted plaintiff’s motion for partial summary judgment, and (2) from the judgment entered thereon.

Defendant Maude T. Phillips (hereinafter defendant)* submits that there are issues of fact precluding summary judgment in the instant matter. It is defendant’s contention that plaintiff’s easement over defendant’s land was terminated through adverse possession, and Supreme Court erred in concluding that no questions of fact exist as to the existence of an easement.

Plaintiff became the…