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MATTER OF EVANS v. OSBORNE

37 A.D.3d 463 (2007)

829 N.Y.S.2d 609

In the Matter of MARTHA EVANS, Appellant, v. HILDA OSBORNE, Respondent.

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

Decided February 6, 2007.

Ordered that the order is affirmed, with costs.

The petitioner Martha Evans and the respondent Hilda Osborne own adjoining parcels of real property in Queens. In 1987 Evans's predecessor-in-interest entered into an agreement with Osborne creating a reciprocal easement over a common driveway, which agreement was duly executed and recorded. In 2003 Evans erected a fence and a gate on the easement. In a prior proceeding, it...

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