MORRIS v. PATANE


39 A.D.3d 1054 (2007)

835 N.Y.S.2d 469

TREVOR MORRIS et al., Respondents, v. MICHAEL J. PATANE et al., Appellants.

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

Decided April 19, 2007.


Rose, J.

Plaintiffs commenced this action seeking a judgment recognizing their right-of-way over a private roadway and enjoining defendants from interfering with their use of it. In response, defendants asserted that, among other things, they own the roadway, plaintiffs' deed did not convey a right-of-way over it and any right-of-way which plaintiffs might have had was extinguished by defendants' adverse possession. After plaintiffs moved for a preliminary injunction...

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