In Guzzone v. Brandariz , Alice Guzzone gave Linda Brandariz an easement allowing vehicular access, but when Guzzone installed air-conditioning units which interfered with that use, litigation followed.
After the Kings County Supreme Court denied Brandariz's request to force Guzzone to remove the air-conditioning units and to refrain from interfering with the easement, an appeal to the Appellate Division, Second Department, followed.
The AD2 found the easement gave Brandariz a "right of passage" rather than a right to the passageway itself. As a result, Guzzone could narrow, cover, gate or fence-off the area, as long as Brandariz's use wasn't impaired.
Since Brandariz's own affidavits conceded she could still enter and exit the property, the AD2 held the air-conditioning units didn't impact the easement.
How cool was that?
To download a copy of the Appellate Decision's decision, please use this link: Guzzone v. Brandariz