Raffaele v. Brown

Appellate Division of the Supreme Court of New York

Raffaele v. Brown

152 A.D.2d 661, 544 N.Y.S.2d 482, 1989 N.Y. App. Div. LEXIS 10303

Appellate Division of the Supreme Court of the State of New York·Decided July 17, 1989·Published

Opinion

In an action, inter alia, for an injunction prohibiting the defendant from interfering with the construction of a street leading to the plaintiffs property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Wood, J.), dated April 11, 1988, which denied his motion for summary judgment.

Ordered that the order is affirmed, with costs.

The record reveals that questions of fact exist in this record, including whether or not the defendant obstructed or attempted to obstruct the construction of a roadway, which might entitle the plaintiff to an injunction. Therefore, summary judgment was properly denied. We decline to make any declaration of rights concerning the street easement, as neither party requested such relief before the hearing court. However, under these circumstances, we deem it appropriate to direct that the Supreme Court expedite the matter so that a speedy trial may be held.

We have considered the parties’ remaining contentions and find them to be without merit. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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In an action, inter alia, for an injunction prohibiting the defendant from interfering with the construction of a street leading to the plaintiffs property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Wood, J.), dated April 11, 1988, which denied his motion for summary judgment.

Ordered that the order is affirmed, with costs.

The record reveals that questions of fact exist in this record, including whether or not the defendant obstructed or attempted to obstruct the construction of a roadway, which might entitle the plaintiff to an injunction. Therefore, summary judgment was properly denied. We decline to make any declaration of rights concerning the street easement, as neither party requested such relief before the hearing court. However, under these circumstances, we deem it appropriate to direct that the Supreme Court expedite the matter so that a speedy trial may be held.

We have considered the parties’ remaining contentions and find them to be without merit. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

Raffaele v. Brown, 152 A.D.2d 661, 544 N.Y.S.2d 482, 1989 N.Y. App. Div. LEXIS 10303 (N.Y. Ct. App. 1989).

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152 A.D.2d 661 (Raffaele v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.