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ALLEN v. FARRELL

266 A.D.2d 857 (1999)

698 N.Y.S.2d 186

GERALD E. ALLEN et al., Individually and as Trustees of the GERALD ELMONT ALLEN and SHIRLEY LOUISE ALLEN TRUST, et al., Appellants, v. KEITH FARRELL, Respondent.

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

Decided November 12, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted judgment declaring that defendant has a prescriptive easement in the driveway running along the easterly boundary of plaintiffs' land. The court erred in admitting, over defendant's objection based upon the Dead Man's Statute (CPLR 4519), the testimony of plaintiff Gerald Elmont Allen concerning his conversation with Marian Gray...

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