MONAHAN v. HAMPTON POINT ASSOCIATION, INC

ORDERED that the order and judgment is affirmed, with costs.

The Supreme Court properly found, as a matter of law, that the subject dock, located at the end of an easement leading to a waterway, was a reasonable and incidental use of the easement. Under the circumstances of this case, the creation of the easement would have been without purpose if not for the dock giving access to the waterway ( see, Briggs v. Di Donna, 176 A.D.2d 1105; Joss v. Niagara Mohawk Power Corp., 41 A.D.2d 596).

SANTUCCI, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.