MISAK v. ROTONDI


1 A.D.3d 413 (2003)

766 N.Y.S.2d 904

JOHN R. MISAK et al., Respondents, v. ARTHUR L. ROTONDI et al., Appellants.

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

November 10, 2003.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the plaintiffs were entitled to a prescriptive easement over the driveway located on the defendants' property. The plaintiffs established, by clear and convincing evidence, that their use of the driveway was adverse, open, notorious, continued, and uninterrupted for the prescriptive period of 10 years (see Barone v Guthy, 295 A.D.2d 460...

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