PNC Bank v. Axelsson

SELTZER, P.J. Ch.

This written opinion supplements my oral decision of October 18, 2002. That decision denied plaintiffs motion for summary judgment on a complaint seeking to extinguish an unrecorded easement held by defendant affecting property plaintiff acquired by mortgage foreclosure. I had denied plaintiffs application without prejudice to renewal after discovery with respect to plaintiffs actual knowledge of the unrecorded easement.

Because this is a motion for summary judgment, I am required to view the evidence in the light most favorable to the opposing party and to afford to that…