Froehlich v. 66 Shore Drive, LLC
Supreme Court of the State of New York, Appellate Division, Second Department, June 13, 2018
Action arises from dispute regarding proprietary rights attached to a parcel of real property in Town of Deerpark. Plaintiffs allege they have easement appurtenant to their individual parcels to use for recreational purposes, and defendant maintains that plaintiffs are trespassers who at most had easements in gross or revocable licenses, which the defendant has revoked. Plaintiff commenced action to permanently enjoin defendant from restricting access to property and to remove all existing barriers, and a declaration that they have prescriptive easements. Defendant moved to dismiss under CPLR 3211(a)(1), (3), and (7). Supreme Court denied dismissal and Defendant appeals. This Court affirms, finding that plaintiff sufficiently pleaded cause of action, the defendant did not provide documentary evidence that resolved all the factual issues and disposed of the plaintiff’s cause of action, and the defendant was not entitled to dismissal of cause of action alleging trespass.