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Glenn I. Henricksen, Sr., et al., appellants, v. Trails End Company, etc., et al., respondents, et al., defendants.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondents.

The respondents contend that they are the successors in interest to the grantees of an easement burdening the plaintiffs' property. However, the record does not establish that the real property lots identified in the respondents' deeds are the same lots as those benefitted by the easement, and that the easement remains in existence with respect to each lot. As material issues of fact exist, the respondents' motion for summary judgment dismissing the complaint should have been denied (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).

SANTUCCI, J.P., ALTMAN, FRIEDMANN and McGINITY, JJ., concur.

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HENRICKSEN v. TRAILS END COMPANY
(May 1, 2000)