MIHALY v. MAHONEY


126 A.D.2d 791 (1987)

Janos Mihaly et al., Appellants, v. Patrick J. Mahoney et al., Respondents

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

January 8, 1987


Levine J.

Plaintiffs commenced the instant action in November 1982 seeking, inter alia, a prescriptive easement over a driveway located partly on defendant Patrick J. Mahoney's property and partly on plaintiffs' adjoining property. Issue was joined in January 1983 after which the parties commenced discovery. On August 20, 1984, Mahoney served plaintiffs with a CPLR 3216 90-day notice demanding that they...

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