Kuiters v. Kukulka

Memorandum: Plaintiffs commenced this action seeking monetary and injunctive relief based, inter alia, upon defendants’ alleged interference with plaintiffs’ express easement of ingress and egress over property owned by David Kukulka and Lizabeth Kukulka (defendants). Those defendants moved for summary judgment dismissing the amended complaint against them, and we conclude that Supreme Court properly denied those parts of their motion with respect to the first, fourth and seventh causes of action. Defendants failed to meet their initial burden of establishing as a matter of law that their use…