ARTHUR X. DUFFY, as TRUSTEE of SYLVAN AVENUE REALTY TRUST v. ROBERT M. GERVIS and LAURIE L. GERVIS.

A Decision and Judgment in this case issued on August 10, 2018. On August 20, 2018, Plaintiff moved to amend the Decision and Judgment, specifically seeking to incorporate into the Judgment the permanent injunction discussed on page 17 of the Decision, and to revise footnote 2 of the Decision. Defendants filed an opposition, in which they objected to Plaintiff's inclusion of "underground utilities" in Plaintiff's proposed wording of the permanent injunction they seek to add to the Judgment. This court agrees with Plaintiff that the Judgment should have included a permanent injunction but agrees with Defendants that underground utilities were not part of the injunctive relief discussed by the court on page 17 of the Decision.

Accordingly, Plaintiff's motion is ALLOWED, in part, as follows:

1. The following language will be added to the Judgment:

ADJUDGED, ORDERED and DECLARED that Defendants, and their agents, representatives, servants, employees, attorneys, and all persons acting in concert with them, and each of them, are permanently enjoined and restrained from overloading the 10' wide Right of Way located along the northern boundary of Plaintiff's land by using the Right of Way for access to the House Lot and/or Gervis Parcel 2;

2. Footnote 2 of the Decision is hereby revised to clarify that the Supplemental Affidavit of Jason A. Rosenberg, Esq. is not stricken in its entirety. Despite the language utilized, it was not this court's intention to strike paragraph 6 of the Supplemental Affidavit, nor the certified copies of the death certificates of Helen K. Gibson and Charles E. Gibson attached as exhibits D and E, and they should be considered part of the summary judgment record.

3. To further clarify, the court, sua sponte, also amends the final sentence of Footnote 10 of the Decision: "[t]he parties' joint statement of material facts, however, did not contain any facts regarding Helen's date of death" by adding to it the following:

", but the dates of death of Helen K. Gibson and Charles E. Gibson were established by the Supplemental Affidavit of Jason A. Rosenberg, Esq., and attached exhibits."

So ordered.