August 9, 2016

In an action involving the scope of an easement, and related claims of nuisance and interference with the right-of-way, the Supreme Court, Suffolk County (Hon. Ralph T. Gazzillo) has issued a decision following a non-jury trial in favor of the defendant on all claims.   The action, entitled Martin v. Robins, Suffolk Index No. 22818/2004, centered around the meaning and extent of a written easement dating back to 1969.  The plaintiff claimed to benefit from an expansive interpretation of the easement, while the defendant argued in favor of a limited interpretation based on the extent of the driveway that existed when the easement was created.  The court’s 17-page decision detailed the reasons why the court sided with the defendant and dismissed each and every claim advanced by the plaintiffs.