ROGERS v. HOLMES


217 A.D.2d 609 (1995)

629 N.Y.S.2d 791

Richard L. Rogers et al., Respondents, v. Dennis Holmes et al., Appellants

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

July 17, 1995


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs assert an easement by prescription over a driveway on the property of the defendant Aurelia Holmes, which Mrs. Holmes and her late husband built adjacent to a driveway on the plaintiffs' property. The plaintiffs failed to establish their entitlement to summary judgment (see, Jacobs v Lewicki, 12 A.D.2d 625, affd...

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