HAMILTON v. KENNEDY


168 A.D.2d 717 (1990)

Richard H. Hamilton et al., Respondents, v. Roger D. Kennedy, Appellant

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

December 6, 1990


Mikoll, J.

The issues involved herein are whether Supreme Court was correct in holding (1) that defendant failed to establish a right to an easement by prescription as to a portion of a town road in the Town of Middleburgh, Schoharie County, since he failed to show that parcels owned by plaintiffs and defendant came from a common grantor, and (2) that defendant failed to establish that his use of the road prior to 1985 was hostile.

In 1971, plaintiffs...

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