Opinion
Argued November 20, 2000.
December 12, 2000.
In an action, inter alia, to recover damages for trespass, the defendants Town of Mt. Pleasant and John E. Ciulla appeal, and the defendant Gary Bettino separately appeals, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered September 1, 1999, as granted that branch of the plaintiffs' motion which was for partial summary judgment on the issue of liability on the fourth cause of action alleging trespass, and denied their respective cross motions for summary judgment dismissing the complaint insofar as asserted against them.
Thomas M. Bona, P.C., White Plains, N.Y. (Thomas M. Bona and Anthony M. Napoli of counsel), for appellants Town of Mt. Pleasant and John E. Ciulla.
Phillip A. Grimaldi, Jr., Harrison, N.Y., for appellant Gary Bettino.
Lovett Gould, White Plains, N.Y. (Jonathan Lovett and Kim Berg of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
The Supreme Court properly determined that the plaintiffs had an implied easement by grant and that the conduct of the defendant Gary Bettino in blocking their use of the easement constituted a trespass (see, Cranesville Block Co. v. Niagara Mohawk Power Co., 175 A.D.2d 444, 446; 49 N Y Jur 2d, Easements, § 237). It is well established that when property is described in a conveyance with reference to a subdivision map showing streets abutting the lot conveyed, easements in the private streets appurtenant to the lot generally pass with the grant (see, Fischer v. Liebman, 137 A.D.2d 485, 487-488; see also, Sullivan v. Markowitz, 239 A.D.2d 404; Borducci v. City of Yonkers, 144 A.D.2d 321). Moreover, the grantees of lots abutting a street on a filed map are entitled to have the land so demarcated remain as a street forever, absent their abandonment, conveyance, condemnation, or adverse possession (see, Fischer v. Liebman, supra; Gerbig v. Zumpano, 7 N.Y.2d 327). The Supreme Court properly refused to dismiss the plaintiffs' causes of action based on 42 U.S.C.A § 1983 (see, Will v. Gates, 89 N.Y.2d 778, 783; see also, Standardbred Owners Assn. v. Roosevelt Raceway Assocs., 985 F.2d 102, 105; Freedman v. Coppola, 206 A.D.2d 893).
The defendants' remaining contentions are without merit.