Norton v. Dubrey

Appeal from an order of the Supreme Court (Connolly, J.), entered January 22, 2013 in Albany County, which denied a motion by defendants Marilyn Dubrey and Robert Dubrey for a preliminary injunction.

Plaintiff and defendant Marilyn Dubrey own adjoining parcels of property located in the Town of Colonie, Albany County. In 2001, they entered into an agreement that granted plaintiff a six-foot-wide easement over a portion of Dubrey’s land extending from plaintiff’s property to the bank of the Mohawk River, as well as an easement for ingress and egress from Alix Road to plaintiffs driveway. The…