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MARY YIALOURIS PAPASMIRIS, respondent, v. JOHN KATSOS, appellant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The extent of an easement that is claimed under a grant is generally limited by the language of the grant, as a grantor may create an extensive or a limited easement ( see, Ledley v. D.J. N.A. Mgt., 228 A.D.2d 482; Ciano v. Smolan, 225 A.D.2d 727; Mandia v. King Lbr. Plywood Co., 179 A.D.2d 150). The terms of the grant are to be construed most strongly against the grantor in ascertaining the extent of the easement ( see, Ledley v. D.J. N.A. Mgt., supra; Circuit City Stores v. Muss, 151 A.D.2d 714, 715). The facts of this case support the Supreme Court's determination that the grant gives the plaintiff an easement to use a driveway located on the defendant's property. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment enjoining the defendant.

The defendant's remaining contentions are without merit.

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PAPASMIRIS v. KATSOS
(Jun 28, 1999)