SPIEGEL v. FERRARO


73 N.Y.2d 622 (1989)

Jerry Spiegel, Respondent, v. Stephan P. Ferraro et al., Defendants, and Ernie's Auto Body, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1989.


Attorney(s) appearing for the Case

William C. Donnino and Peter Panaro for appellant.

Gerald P. Rosenberg for respondent.

Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.


ALEXANDER, J.

Where an easement has been definitively located and developed through use, there is no requirement that its owner demand the removal of obstructions blocking the easement before it may be extinguished by adverse possession. A use of an easement which is exclusive, open and notoriously hostile to the interests of the owner commences the running of the prescriptive period and the user may extinguish...

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