A & R Fuels, Inc. v. Lieberman

— In an action, inter alia, for a judgment declaring that the plaintiff possesses an easement burdening the defendants’ property, the defendants appeal from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered December 4, 1987, which denied their motion for summary judgment (1) dismissing the complaint, and (2) on their counterclaim for damages and a permanent injunction.

Ordered that the order is affirmed, with costs.

The plaintiff and defendants are adjoining property owners. The plaintiff has been using a portion of the defendants’ *727property at the common border as a roadway…