1250 Broadway, 27th Floor New York, NY 10001

GO EASY ON THE EASEMENT!

j0438440.jpgIn Guzzone v. Brandariz , Alice Guzzone gave Linda Brandariz an easement allowing vehicular access, but when Guzzone installed air-conditioning units which interfered with that use, litigation followed.

After the Kings County Supreme Court denied Brandariz's request to force Guzzone to remove the air-conditioning units and to refrain from interfering with the easement, an appeal to the Appellate Division, Second Department, followed.

The AD2 found the easement gave Brandariz a "right of passage" rather than a right to the passageway itself. As a result, Guzzone could narrow, cover, gate or fence-off the area, as long as Brandariz's use wasn't impaired.

Since Brandariz's own affidavits conceded she could still enter and exit the property, the AD2 held the air-conditioning units didn't impact the easement.

How cool was that?

j0236208.gifTo download a copy of the Appellate Decision's decision, please use this link: Guzzone v. Brandariz  

Categories: