98 A.D.2d 992 | N.Y. App. Div. | 1983
Order and judgment unanimously reversed, without costs, and defendants’ motion granted. Memorandum: Plaintiff commenced this action pursuant to RPAPL article 15 seeking a judgment declaring that her property is not subject to an easement in favor of defendants for use of a water line running across her property or any other purpose. Plaintiff also seeks an injunction restraining defendants from using the water line. Defendants’ answer contained a counterclaim seeking a declaration that plaintiff’s property is subject to an easement in their favor. Plaintiff moved to strike defendants’ answer and for summary judgment. Plaintiff, in her supporting affidavit, stated that she and defendants’ predecessor in title had constructed the water line in 1961 pursuant to an oral agreement. Special Term denied plaintiff’s motion on the