O'SHEA v. FREIBERG


279 A.D. 760 (1951)

Lillian O'Shea, Appellant, v. Ernest Freiberg et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1951.


The circumstances disclose that the user in its inception (or many years later) was not hostile, to the understanding of either or both parties, or made known to be hostile and therefore it was presumptively permissive through acquiescence of respondents and their predecessors. It was only recently asserted to be hostile and then for a period insufficient to ripen into an easement by prescription. (Moore v. Day, 199 App. Div...

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