Getz v. Harvey

In an action for injunctive and declaratory relief relating to an easement, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Franco, J.), entered May 16, 2000, which, after a non-jury trial, declared, inter alia, that the defendants had not encroached on the plaintiffs’ easement of access, and dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the weight of the evidence supports the conclusion that the easement in question was intended to afford a right of egress and ingress only, and that the plaintiffs’…