ROZENBERG v. BACIGALUPO


18 A.D.3d 854 (2005)

796 N.Y.S.2d 670

STEPHEN ROZENBERG et al., Appellants-Respondents, v. ROBERT BACIGALUPO et al., Respondents-Appellants.

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

May 31, 2005.


Ordered that the judgment is modified, on the law, by adding thereto a provision declaring that the plaintiffs have an easement by prescription over a portion of the subject driveway owned by the defendants; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiffs.

The plaintiffs commenced this action pursuant to RPAPL article 15, inter alia, in effect, for a judgment declaring that

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