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CAMPBELL v. BLUE POINT COMMUNITY ASSN., INC

Appellate Division of the Supreme Court of New York, Second Department.
Dec 27, 1999
DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs of disbursements.

The Supreme Court properly determined that there are issues of fact concerning the intention of the grantor of the easement at issue and the parties' conduct before and after the grant, which preclude summary judgment in favor of the plaintiff (see, Perillo v. Credendino, 464 A.D.2d 473 [2d Dept., Aug. 23, 1999]; Route 22 Assocs. v. Cipes, 204 A.D.2d 705 ; Sordi v. Adenbaum, 143 A.D.2d 898 ).

The plaintiff's remaining contentions are without merit.

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.