Ciaccia v. Moore

Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Plaintiffs commenced this action seeking a judgment declaring that they have an easement in and over a 50 by 120 foot parcel of land that borders Hillside Drive in the Suburban Park Subdivision in the Village of Oriskany, Oneida County. The disputed parcel is adjacent to property owned by plaintiffs. Plaintiffs also sought injunctive relief prohibiting defendants from interfering with their use of that parcel. Following a nonjury trial, Supreme Court…