Hazel1613
07-19-2007, 08:52 PM
State: New York
The Judge denied our summary judgment. I'm not even sure if its a Decision, because it doesn't say Decision on it. but it says - Plaintiff's motion for summary judgment declaring plaintiffs are entitled to an easement of ingress and egress across a common driveway shared with defendants, directing defendants to remove the fence in the common driveway and for attorneys fees is denied. There are issues of fact which require a trial.
I have an unopened easement that says we can build a garage. I don't understand why we have to go to trial for something like this. That's why my attorney wants to appeal. But how do you appeal something that really hasn't been decided on yet by the Judge. I just would like to know from someone can you go straight to Appeals even if the Jugde says there are issues of fact which require a trial.
Thanks for your help
The Judge denied our summary judgment. I'm not even sure if its a Decision, because it doesn't say Decision on it. but it says - Plaintiff's motion for summary judgment declaring plaintiffs are entitled to an easement of ingress and egress across a common driveway shared with defendants, directing defendants to remove the fence in the common driveway and for attorneys fees is denied. There are issues of fact which require a trial.
I have an unopened easement that says we can build a garage. I don't understand why we have to go to trial for something like this. That's why my attorney wants to appeal. But how do you appeal something that really hasn't been decided on yet by the Judge. I just would like to know from someone can you go straight to Appeals even if the Jugde says there are issues of fact which require a trial.
Thanks for your help