ZALUSKI v. McCORMICK


49 A.D.2d 982 (1975)

Stanley Zaluski et al., Appellants, v. Richard W. McCormick et al., Respondents

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

October 30, 1975


We agree with the decision of the trial court that the prescriptive easement of way sought by plaintiffs was not sufficiently established by the proof in this record. Plaintiffs failed to demonstrate their use of a definite and certain way over the lands of the defendants to the claimed extent for the prescriptive period or to particularize the width of the vehicles which traveled over it. Moreover, they did not show that their use of this passage-way was inconsistent with...

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