Board of Education v. Ryewood Farms, Ltd.

In an action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has an easement over a portion of the defendants’ property, the defendants appeal from an order of the Supreme Court, Westchester County (Ferraro, J.), dated October 7, 1987, which granted the plaintiff’s motion for a preliminary injunction and denied the defendants’ cross motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and it is declared that, pursuant to the terms of the parties’ boundary line agreement,…