Cohen v. Banks

OPINION OF THE COURT

Daniel Markewich, J.

This is the second small claims action between these parties, who are next door neighbors, concerning easements contained in their respective deeds. The previous lawsuit involved the parties’ septic tank easement, and resulted in a default judgment for $101.88 in favor of plaintiff for one half of the cost of repairs. This court’s opinion, primarily concerning issues of service requirements for notices of small claims, is reported as Cohen v Banks (160 Misc 2d 159 [Just Ct, Rockland County 1994]).

The current action arises out of the easement for the…