Banker v. City of New York

In an action pursuant to RPAPL article 15, inter alia, to compel the determination of claims to real property, the plaintiff appeals from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated July 25, 2005, which denied his motion for summary judgment on his cause of action for a permanent easement by necessity over land owned by the defendant and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant’s cross motion for summary judgment dismissing…