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WILL v. GATES

89 N.Y.2d 778 (1997)

680 N.E.2d 1197

658 N.Y.S.2d 900

G. Randall Will et al., Appellants, v. Peter R. Gates et al., Respondents.

Court of Appeals of the State of New York.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C., New York City (Robin E. Rosenberg and Andrew J. Gershon of counsel), for appellants.

Farley, Jutkowitz, Balint & Wiederkehr, White Plains (Lee S. Wiederkehr of counsel), and DelBello Donnellan Weingarten & Tartaglia, L. L. P. (Jerry F. Kebrdle II of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

Plaintiffs brought a declaratory judgment action seeking access to a right-of-way over defendants' properties. Supreme Court granted summary judgment in defendants' favor on the grounds of adverse possession and abandonment. The Appellate Division affirmed on the ground that any easement right plaintiffs might have had was extinguished by merger and did not reach the issues of adverse possession...

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