Zentner v. Fiorentino

Order unanimously reversed, on the law, without costs, and judgment granted to plaintiff in accordance with the following memorandum: Plaintiff appeals from an order which dismissed his complaint wherein he sought to enjoin defendants from maintaining an existing water line across plaintiff’s right of way and which also denied plaintiff’s motion for an order directing defendants to remove the water line. On September 14, 1973 plaintiff purchased a roadway 14 feet in width, which bisects four lots owned by defendants. Defendants have an easement over this right of way for the "purposes of…