HAASE v. ZOBKIW


36 A.D.2d 821 (1971)

Frank W. Haase et al., Appellants, v. Nicholas Zobkiw et al., Respondents

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

April 5, 1971


Judgment reversed, on the law, without costs, and declaration granted to plaintiffs that they have an easement by prescription in favor of that portion of their garage which extends onto and upon defendants' property to the north thereof for a distance of .30 feet.

The action was submitted on an agreed statement of facts. In 1948, plaintiffs acquired title to property upon which was located a house and a detached garage. A part of the rear wall of the garage, however...

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