Millbrook Hunt, Inc. v. Smith

—In an action, inter alia, for a judgment declaring that the plaintiff has an easement over the defendant’s property and to permanently enjoin the defendant from interfering with the plaintiffs use of that easement, the defendant appeals from (1) an order of the Supreme Court, Dutchess County (Hillery, J.), dated March 26, 1996, which denied his motion for summary judgment dismissing the complaint, and granted the plaintiffs cross motion to dismiss his affirmative defenses and all counterclaims, and (2) an interlocutory judgment of the same court, entered August 20, 1996, which, upon the…