Rebentisch v. Donovan

*543In an action, inter alia, to enjoin the defendants from obstructing a right-of-way easement, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Putnam County (Shapiro, J.), dated September 13, 2004, as denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are triable issues of fact precluding the granting of summary judgment to the defendants. As the Court of Appeals held in Lewis v Young (92 NY2d 443, 452…