Silvercrest v. St. Christopher-Ottile

—In an action, inter alia, for a judgment declaring that the defendant does not have an easement over certain property owned by the plaintiff, the plaintiff appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated December 5, 1990, which denied its motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for summary judgment on the issue of liability is granted, and it is declared that the defendant has no easement under the doctrine of "strict necessity”; and it is further,

Ordered that the…