Gates v. AT&T Corp.

The majority is affirming the grant of summary judgment to plaintiff on the issue of liability of defendant American Towers, Inc. *1221(hereinafter defendant) to maintain the roadway covered by an easement held by defendant on plaintiffs property. Based on the language of the easement, and because a question of fact exists as to the current state of the roadway, we respectfully disagree.

Courts determine the nature of an easement by construing the intent of the parties, primarily through the language of the instrument conveying the easement interest (see Real Property Law § 240 [3]; Phillips v…