U-Eat-More Donut Corp. v. Tedel Estates, Inc.

In an action, inter alia, for a judgment declaring the invalidity of an easement, the defendant Marshel Management Corp. appeals from (1) a decision of the Supreme Court, Kings County (Kramer, J.), dated April 4, 1995, (2) an order of the same court dated April 12, 1995, which granted the plaintiff’s motion to vacate so much of an earlier order of the same court dated January 31, 1994, as declared the easement to be valid and thereupon granted summary judgment to the plaintiff declaring the easement to be invalid, and further granted the plaintiff leave to remove the appellant’s structure…