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City of Port Jervis v. Har-Tom, Ltd.-III, L. L. C.

287 A.D.2d 590 Court N.Y. App. Div. Decision date 2001-10-22 English

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p. 590
City of Port Jervis, Respondent, v Har-Tom, Ltd.-III, L. L. C., Appellant.
[731 NYS2d 880]

—In an action, inter alia, for a judgment declaring the existence of an easement over stated portions of the defendant’s real property in favor of the plaintiff for the purpose of accessing and maintaining a water system, the defendant appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 26, 2000, which after a nonjury trial, inter alia, made the declaration.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court properly found the existence of a common-law dedication which caused the plaintiff to acquire an interest in the defendant’s property, as this determination was supported by a fair interpretation of the evidence (see, McDermott v Town of Goshen, 207 AD2d 612 , 615; Zebrowski v Trustees of Town of Brookhaven, 128 AD2d 704 ; cf., Winston v Village of Scarsdale, 170

p. 591
AD2d 672 ). The court’s further determination that a 1976 stipulation of settlement between the defendant’s predecessor-in-interest and the plaintiff also created an easement in favor of the plaintiff was likewise supported by a fair interpretation of the evidence.

In light of our determination, the defendant’s remaining contentions need not be addressed. Ritter, J. P., Florio, Feuerstein and Crane, JJ., concur.

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