CHOREMI v. AHRENS (1999)

In an action, inter alia, for a judgment declaring that a certain portion of a parcel of real property owned by the defendants which is utilized for ingress to and egress from a parcel of real property owned by the plaintiff is subject to an easement of way in favor of the plaintiff, the defendants appeal from an order of the Supreme Court, Nassau County (Lally, J.), dated December 9, 1997, which granted the plaintiff's motion for a preliminary injunction to the extent of enjoining them from interfering in any manner with the use of the claimed easement of way by the plaintiff, her agents, servants, invitees, guests, and all persons acting her behalf.

ORDERED that the order is affirmed, with costs.

 In this action, inter alia, for a declaration that an easement exists in favor of the plaintiff across land owned by the defendants, the defendants contend that Supreme Court erred in granting a preliminary injunction enjoining them from interfering with the plaintiff's use of their land to obtain access to her property.   We disagree.   The requisites for the granting of a preliminary injunction were met:  the plaintiff demonstrated a probability of success, the danger of irreparable injury in the absence of an injunction, and a balancing of the equities in her favor (see, CPLR 6301;  Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860, 862, 552 N.Y.S.2d 918, 552 N.E.2d 166;  Grant Co. v. Srogi, 52 N.Y.2d 496, 517, 438 N.Y.S.2d 761, 420 N.E.2d 953).   Without such access, the plaintiff's parcel of real property would be landlocked.

MEMORANDUM BY THE COURT.