Gordon v. Thomas

Appeals (1) from an order of the Supreme Court (Dier, J.), entered March 6, 1991 in Washington County, which, inter alia, granted defendants’ cross motion for summary judgment and made a declaration in defendants’ favor, and (2) from the judgment entered thereon.

At issue on this appeal is whether Supreme Court correctly granted summary judgment in favor of defendants in this action whereby plaintiffs sought, inter alia, a declaration that they had an easement by prescription across defendants’ land. We conclude that the evidence submitted by the parties raises a question of fact which must be…