Castelli v. Department of Transportation

In an action pursuant to RPAPL article 15, inter alia, to determine the parties’ claims to certain real property and for a permanent injunction, the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered September 29, 1988, as denied their motion for summary judgment.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants’ cross motion which was for partial summary judgment on the issue of the existence of a highway easement over the subject real property in favor of the defendants…