DiDonato v. Dyckman

In an action, inter alia, for a judgment declaring that the plaintiff has an exclusive easement over real property owned by the defendants and for injunctive relief, the plaintiff appeals from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated December 8, 2009, which granted the defendants’ motion for summary judgment on the third counterclaim declaring that she does not have an exclusive easement over the real property to the extent that the easement excludes the defendants’ use of their property and denied the plaintiffs cross motion for summary judgment on the third cause…