| Davi v Occhino |
| 2011 NY Slip Op 04194 [84 AD3d 1011] |
| May 17, 2011 |
| Appellate Division, Second Department |
| Filippo Davi, Appellant, v Maria Occhino,Respondent. |
—[*1] Palmeri & Gaven, New York, N.Y. (Daniel F. Gaven of counsel), for respondent.
In an action, inter alia, to recover damages for trespass and private nuisance, the plaintiffappeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County(Schulman, J.), dated August 19, 2009, as granted the defendant's motion to confirm a referee'sreport (Geller, R.), dated March 5, 2009, made after a hearing, recommending that judgment beentered in favor of the defendant dismissing the complaint, and denied his cross motion to rejectthe report.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion to confirm the referee's reportrecommending that judgment be entered in her favor dismissing the complaint, and denied theplaintiff's cross motion to reject the report. The evidence presented at the hearing demonstratesthat the subject express easement grants the defendant a right of way "for the ingress and egressof not more than two pleasure cars" to be housed in a garage on the plaintiff's property. Therecord supports a finding that this easement carries with it the right to "any reasonable parking ofthose vehicles used for ingress and egress . . . incidental to the primary purpose ofthe easement" (Albright v Davey, 68AD3d 1490, 1493 [2009]; seePhillips v Iadarola, 81 AD3d 1234 [2011]).
The plaintiff's remaining contentions are without merit. Dillon, J.P., Covello, Eng andChambers, JJ., concur.