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WATHLEY v. ROSEN

19 A.D.2d 755 (1963)

Anthony L. Wathley, Appellant, v. Paul Rosen, as Executor of Mabel R. Russell, Deceased, et al., Respondents, et al., Defendants Anthony L. Wathley, Appellant, v. Gertrude Hufcut, Respondent

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

July 8, 1963

Judgment affirmed, with costs to defendants Rosen and Soukup only.

In order to satisfy the 15-year prescriptive period, the plaintiff was required to establish "tacking". The learned Official Referee properly found that the evidence failed to establish either: (1) a continuous, adverse use of the roadway, under claim of right, by plaintiff's predecessors in title; or (2) any intent by such predecessors in title to convey any rights in the roadway to plaintiff and...

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