Starcic v. Hardy

In an action to enjoin the defendants from interfering with the installation of a water pipe under the surface of a private road and for a judgment declaring that the plaintiff has the right to install the water pipe, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated July 20, 2005, which granted the defendants’ motion to dismiss the complaint pursuant to CFLR 3211 (a) (1) and (7).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly determined that the…