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Appellate Attorneys Obtain Reinstatement of Case Challenging Use of East Hampton Agricultural Easement as Private Right-of-Way

Appellate Attorneys Obtain Reinstatement of Case Challenging Use of East Hampton Agricultural Easement as Private Right-of-Way

Firm attorneys David Lazer and Zachary Murdock, as appellate counsel for the plaintiff-appellant, obtained a reversal from the Appellate Division, Second Department of an order dismissing a subdivision lot owner’s complaint challenging another lot owner’s claim of right to route its proposed horse farm’s traffic over the plaintiff’s lot to a public road under terms of an agricultural easement granted to East Hampton Town. In Strong Real Estate, LLC v. 55 Town Line, LLC, ___ A.D.3d ___, 2021 WL 799836 (2d Dep’t March 3, 2021), an appeal argued by Mr. Murdock, the court agreed that a right reserved in the agricultural easement grant for the owner of the main defendant’s lot to enter other lots’ easement areas “for the sole purpose of engaging in agricultural activities and any use incidental thereto” failed to establish conclusively such owner’s right to use its neighbors’ easement areas as a thoroughfare incidental to agricultural activities outside that easement area. The court emphasized that the extent of an easement claimed under a grant is generally limited by the grant’s language.