James H. Rose v. Alain La Joux

In an action for (1) a declaration that plaintiff was the owner of an easement by prescription over defendants property, (2) injunctive relief, and (3) damages, defendant appeals from an order and judgment (one paper) of the Supreme Court, Rockland County (Leggett, J.), entered March 9, 1982, which, inter alia, declared plaintiff to be the owner of an easement in a 20-foot right of way located on defendants property. (The order and judgment was entered pursuant to an order of the same court, dated January 27, 1982, which [1] granted plaintiffs motion "to reargue and renew" a prior order of the same court dated October 13, 1981, which, inter alia, denied plaintiffs motion insofar as it was for summary judgment and [2] upon reargument, granted plaintiffs motion insofar as it was for summary judgment.) Order and judgment entered March 9, 1982 reversed, without costs or disbursements, order dated January 27, 1982 vacated, and, upon reargument, the order dated [93 A.D.2d 817 Page 818]