Supreme Court, Appellate Division, Second Department, New York.
Herbert L. DILLON et al., Respondents-Appellants,v.Graziano ZARA and Zara Contracting Co., Inc.,Appellants-Respondents, and 'JohnDoe' et al., Defendants.
June 24, 1964.
Dreyer & Traub, Brooklyn, for appellant-respondent; Samuel Kirschenbaum, Brooklyn, of counsel.
Kelley, Drye, Newhall & Maginnes, New York City, for respondent-appellant; Robert Ehrenbard, New York City, of counsel.
In an action (1) to declare the rights of the parties in and to certain right-of-way easements over a private road; and (2) to enjoin to use of such road insofar as the use was in excess of the defendants' easement-rights, the parties cross-appeal as follows from an interlocutory judgment of the Supreme Court, Nassau County, entered February 11, 1960 upon the decision of a Special Referee after a nonjury trial before him: (1) Defendant Graziano Zara and the corporate defendant, Zara Contracting Co., Inc., appeal from the entire judgment which declared the rights of the parties; determined that the said defendants' intended use of the road for an entrance and means of access to a proposed golf course and country club was an unlawful and excessive use of the easement rights; and enjoined said defendants from using the road in excess of their easement rights as defined by the judgment. (2) Plaintiffs appeal from so much of the judgment as failed to further specifically enjoin the said defendants, and as failed to further specifically declare and limit their right to use the road. Judgment, insofar as appealed from by the respective parties, affirmed, without costs. No opinion.
UGHETTA, Acting P. J., and KLEINFELD, HILL, RABIN and HOPKINS, JJ., concur.
252 N.Y.S.2d 290 (Mem), 21 A.D.2d 853
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