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PAPASMIRIS v. KATSOS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 28, 1999
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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.