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Gisondi v. Nyack Mews Condominium

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 371 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Rockland County (Sherwood, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).

Contrary to the defendant's contention, the Supreme Court properly concluded that the plaintiffs and their invitees are entitled to unobstructed access to the parties' common parking area. Here, the subject parking easement agreements, which are controlling (see, Collins v. Arancio, 72 A.D.2d 759), clearly grant the plaintiffs and their invitees the right to use certain unreserved spaces in the common parking area. Although it is well established that the owner of a servient estate has the right to use its land in any manner that does not unreasonably interfere with the rights of the owners of an easement (see, Wilson v. Palmer, 229 A.D.2d 647; Briggs v. Di Donna, 176 A.D.2d 1105; Wechsler v. People, 147 A.D.2d 755), the defendant's proposal to erect a gate which would enable only those with access cards to enter the common parking area would unreasonably interfere with the plaintiffs' right to use and enjoyment of their easement and be inconsistent with its purpose (see, Briggs v. Di Donna, supra).

The defendant's remaining contention is without merit.

Rosenblatt, J. P., Ritter, Altman and Krausman, JJ., concur.


Summaries of

Gisondi v. Nyack Mews Condominium

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 371 (N.Y. App. Div. 1998)
Case details for

Gisondi v. Nyack Mews Condominium

Case Details

Full title:PETER GISONDI et al., Respondents, v. NYACK MEWS CONDOMINIUM, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1998

Citations

251 A.D.2d 371 (N.Y. App. Div. 1998)
673 N.Y.S.2d 743

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