Wood v. Simon

This is a motion by plaintiff for summary judgment made pursuant to CPLB 3212 in an action brought for a declaratory judgment declaring that the plaintiff is entitled to the free use and enjoyment of a stairway and stairs once situated on defendant’s adjoining premises and leading to the second floor of plaintiff’s premises, and declaring that defendant’s premises is burdened with a permanent easement for such stairway to the benefit of plaintiff’s property. Defendant requests summary judgment dismissing the complaint. The elemental facts are not in dispute.

Prior to July 31, 1902, Burnett E.…