Falco v. Minzner

In this action by plaintiffs seeking a court order compelling the defendants to remove gateposts and a gate extending across an easement and for incidental relief, defendants interposed a counterclaim also seeking injunctive relief restraining plaintiffs from alleged unlawful use of the said easement.

This case was submitted on an agreed statement of facts wherein defendants admitted having erected gateposts on either side of the easement with a locked gate extending across such easement, keys to which were offered to the other property owners. Plaintiffs conceded in said agreed statement of…