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RESK v. CITY OF NEW YORK

293 A.D.2d 661 (2002)

741 N.Y.S.2d 265

RICHARD RESK et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 22, 2002.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, the complaint is reinstated, and it is declared that the plaintiffs have an easement by necessity over the defendants' property.

The plaintiffs acquired title to landlocked parcels in the College Park area of Queens County. These parcels were zoned for residential use and abutted parcels owned by the...

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