Will v. Gates

In an action, inter alia, for a judgment declaring the rights of the parties with respect to the use of a right-of-way, the plaintiffs appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Putnam County (Hickman, J.), entered November 5, 1993, as denied their motion for summary judgment, declared the right-of-way and the plaintiffs’ use of the right-of-way terminated, granted the defendants’ cross motion for summary judgment dismissing the complaint, and awarded the defendants attorneys’ fees.

Ordered that the order and judgment is modified,…