Russell v. Perrone

Motion for clarification. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ordered that the motion is granted, without costs, to the extent that the memorandum and order dated and entered January 16, 2003 (301 AD2d 835) is amended as follows: the last sentence of the decision, which begins “Accordingly, Supreme Court erred . . .,” is omitted and the following substituted in its place: “Accordingly, Supreme Court erred in partially denying plaintiffs cross motion and it is determined that the express right-of-way in the 1956 deed was not…