Appellate Division of the Supreme Court of the State of New York July 14, 1997 (Ench v. Breslin)

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme *476Court, Suffolk County (Floyd, J.), dated May 15, 1996, which denied his motion for partial summary judgment on the first, second, third, and fourth causes of action in the complaint, among other things, to set aside and vacate an agreement of reciprocal easements dated