Hulse v. Mack

Full title: ALFRED A. HULSE et al., Respondents v. JOSEPH MACK et al., Appellants

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

Date published: May 24, 1999

261 A.D.2d 580 (N.Y. App. Div. 1999)

688 N.Y.S.2d 922

Opinion

May 24, 1999

Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there are issues of fact concerning the intention of the grantors of the easement, and the parties' conduct prior to and subsequent to the grant, which preclude the granting of summary judgment ( see, Lewis v. Young, 92 N.Y.2d 443, 453-454; Phillips v. Jacobsen, 117 A.D.2d 785, 786).

O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.