BOUTON v. WILLIAMS


42 A.D.3d 795 (2007)

839 N.Y.S.2d 350

CHARLES BOUTON et al., Respondents, v. HENRY T. WILLIAMS, as Trustee of the Rock Ledge Hunting Club Trust, Appellant.

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

Decided July 19, 2007.


Rose, J.

Plaintiffs' parcel of land is accessible from a public road by traversing a "woods road" (hereinafter the roadway) across an adjoining parcel of land owned by defendant. After defendant denied them access in 2005, plaintiffs commenced this action to establish that they have acquired a prescriptive easement over the roadway. When Supreme Court granted plaintiffs' motion for summary judgment, this appeal ensued and we now reverse.

To establish a prescriptive...

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