Warwick Materials, Inc. v. J. K. Produce Farms, Inc.

In an action seeking damages for fraud and trespass, reformation of a deed, a declaration of interest in property pursuant to RPAPL article 15 based on equitable estoppel, easements by implication and prescription, a declaration of the nullity of an easement, and to enjoin the defendants from using that easement, the defendants appeal from an order of the Supreme Court, Orange County (Buell, J.), dated April 17, 1984, which, upon reargument, denied their motion for summary judgment without prejudice to renewal after plaintiff had deposed the individual defendants.

Order modified, by deleting…