Weston v. Smith

Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered March 9, 2006. The order, among other things, granted the motion of defendants Donald R. Smith and Carol A. Smith for summary judgment dismissing the complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking, inter alia, to rescind an easement that allows Donald R. Smith and Carol A. Smith (defendants) to cross plaintiffs property in order to access the roadway from their…