# Raffaele v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 17, 1989 · 152 A.D.2d 661

URL: https://www.frixlaw.com/law-library/cases/5916055

## Case

- **Full name:** Amico Raffaele v. Joseph F. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 17, 1989
- **Citations:** 152 A.D.2d 661; 544 N.Y.S.2d 482; 1989 N.Y. App. Div. LEXIS 10303
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5916055

## Opinion text

In an action, inter alia, for an injunction prohibiting the defendant from interfering with the construction of a street leading to the plaintiffs property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Wood, J.), dated April 11, 1988, which denied his motion for summary judgment.
Ordered that the order is affirmed, with costs.
The record reveals that questions of fact exist in this record, including whether or not the defendant obstructed or attempted to obstruct the construction of a roadway, which might entitle the plaintiff to an injunction. Therefore, summary judgment was properly denied. We decline to make any declaration of rights concerning the street easement, as neither party requested such relief before the hearing court. However, under these circumstances, we deem it appropriate to direct that the Supreme Court expedite the matter so that a speedy trial may be held.
We have considered the parties’ remaining contentions and find them to be without merit. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5916055. Public record. Not legal advice.