Sundby v. Kay

Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.«X), entered November 7, 2007. The order, following a bifurcated trial, dismissed the first cause of action to the extent that it alleges interference with the right to use an easement along defendants’ lake frontage for other them pedestrian traffic.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, to enjoin defendants from interfering with her right to cross defendants’ land “by vehicle” pursuant to an…