Lucas v. Kandis

—In an action, inter alia, to enjoin the defendants from obstructing a right-of-way easement, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated May 22, 2002, which denied his motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff sought to enjoin his neighbors from using a right-of-way easement shared in common by all owners and occupants of 11 parcels of property. Specifically, the plaintiff contends, and the defendants do not dispute, that the defendants maintain a fence which encroaches two feet into the common…