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LEWIS v. YOUNG

92 N.Y.2d 443 (1998)

705 N.E.2d 649

682 N.Y.S.2d 657

Roger Lewis, Respondent, v. Neda Young, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1998.

Attorney(s) appearing for the Case

Morvillo, Abramowitz, Grand, Iason & Silberberg, P. C., New York City (John J. Tigue, Jr., and Edward M. Spiro of counsel), for appellant.

Esseks, Hefter & Angel, Riverhead (Stephen R. Angel and Carmela M. Di Talia of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

This battle between Southampton neighbors centers on an open question in New York law: can a landowner, without consent, relocate an easement holder's right of way over the burdened premises? We conclude that, under the particular circumstances presented, the landowner can move the right of way, so long as the easement holder's right of access and ingress is not impaired. We therefore reverse...

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