4687 Tr. Rd. Assoc. v Jay Birnbaum-EHA, LLC
2007 NY Slip Op 10254 [46 AD3d 1392]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


4687 Transit Road Associates, Respondent, v Jay Birnbaum-EHA, LLC, et al., Appellants.

—[*1] Woods Oviatt Gilman LLP, Rochester (Greta K. Kolcon of counsel), for defendants-appellants.

Hagerty & Brady, Buffalo (Edwin P. Hunter of counsel), for plaintiff-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 25, 2006. The judgment, among other things, adjudged that plaintiff has an easement by implication.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in the decision at Supreme Court. Present—Martoche, J.P., Centra, Peradotto and Green, JJ.