REISS v. MAYNARD


129 A.D.2d 999 (1987)

Kenneth F. Reiss et al., Appellants, v. Roger Maynard et al., Respondents

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

April 3, 1987


Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Plaintiffs seek to enjoin defendants from interfering with access to plaintiffs' property over a right-of-way known as Linwood Drive Extension, a dirt or gravel road which connects to the public highway and crosses real property owned by defendants. They claim a prescriptive easement. Supreme Court dismissed the complaint on the ground of collateral estoppel, finding that the issues...

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