Burcon Properties, Inc. v. Dalto

— In an action pursuant to RPAPL article 15 for the declaration of an easement of way over certain real property and to enjoin interference therewith, (1) the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated April 7, 1988, as denied their motion for a preliminary injunction and (2) the defendants Anthony Dalto and Superior Steakhouse Systems of Garden City, Inc. cross-appeal, as limited by their brief, from so much of the same order as denied their respective cross motions to dismiss the complaint pursuant to CPLR 3211 (a) (5), (7) and (10).

Ord…