Campbell v. Blue Point Community Ass'n

—In an action, inter alia, for a judgment declaring the rights of the parties regarding an easement, the plaintiff appeals from stated portions of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated September 29, 1998, which, inter alia, denied his motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, without costs of disbursements.

The Supreme Court properly determined that there are issues of fact concerning the intention of the grantor of the easement at issue and the parties’ conduct before and after the grant, which preclude summary…