Berman v. Children's Aid Society

In an action, inter alia, pursuant to RPAPL article 15 for a judgment declaring that the plaintiff has an easement over a portion of the defendant’s real property, the plaintiff appeals from an order of the Supreme Court, Richmond County (Straniere, J.), dated December 23, 2014, which, sua sponte, awarded summary judgment to the defendant declaring that the plaintiff did not have an implied easement over the defendant’s real property and dismissing the causes of action seeking damages, and thereupon, in effect, denied the plaintiff’s motion for leave to amend the complaint and denied, as…