DP 21 LLC v. 269 North Bedford Rd. Mt. Kisco Corp.

OPINION OF THE COURT

Joan B. Lefkowitz, J.

It is ordered the motion is denied; and it is further ordered the branch of the cross motion which seeks judgment declaring defendants’ rights pursuant to the easement is granted to the extent that defendants may enter judgment declaring that the easement may be used to temporarily park vehicles owned or operated by defendants, defendants’ tenants and the tenants’ customers, and to load and unload deliveries made to the premises owned by defendants.

The parties disagree on the extent to which the defendants may use a 50-foot-wide easement which serves…