Ide v. E. J. Del Monte Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking a declaratory judgment and an injunction after defendants regraded a 20-foot wide parcel of land adjacent to plaintiff’s property and over which plaintiff was granted a drainage license, i.e., "[t]he perpetual right and license to allow water from [his] lands * * * to drain on, over and through” defendants’ adjoining property. After joinder of issue, plaintiff moved and defendants cross-moved for summary judgment. Supreme Court…