MacKay v. People

Plaintiffs move for summary judgment under CPLR 3212. Defendants cross-move for summary judgment under CPLR 3212 (subd. [b]). The parties are agreed, and it appears from the record, that no material issue of fact exists and that only questions of law are presented.

This action was instituted by the plaintiffs pursuant to article 15 of the Real Property Actions and Proceedings Law to seek a determination that an easement held of record by defendants in certain real property located in Saratoga County, of which plaintiffs are the owners of the underlying fee interest, has been terminated and…