De Bourbon v. Engelberg

Appeals (transferred to this court by order of the Appellate Division, Second Department) (1) from an order of the Supreme Court (Dickinson, J.), entered June 8, 1989 in Putnam County, which, upon reargument, inter alia, granted plaintiffs’ motion for partial summary judgment on the first cause of action, and (2) from the judgment entered thereon.

The complaint seeks, inter alia, a judgment declaring the viability of an easement in perpetuity for ingress and egress by use of a designated lane or roadway traversing the property of John J. De Luca (hereinafter plaintiff), then across lands owned…