POLYARD v. NORMAN


60 A.D.2d 868 (1978)

George A. Polyard et al., Respondents, et al., Plaintiffs, v. Roy Norman et al., Defendants, and D. S. Real Estate Corp., Appellant

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

January 16, 1978


Judgment affirmed insofar as appealed from, with costs.

The proof of easements by prescription in favor of the plaintiffs-respondents was more than sufficient. Although we deem the statement by the trial court that, "Since we know the [sic] people buy homes near the water, the Court will take judicial notice that people usually buy homes near the water to use the facilities", to have been inappropriate, we regard it as harmless under the factual circumstances...

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