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YELLEN v. KASSIN

Docket No. A-5596-08T3

3 A.3d 584 (2010)

416 N.J. Super. 113

Jeanne YELLEN, Individually and As Executrix of the Estate of Dwight Yellen, Plaintiffs-Appellants, v. Isaac J. KASSIN and Margarette Kassin, H/W, Defendants-Respondents, and Salim Assa and Ezak Assa, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 2010.

Attorney(s) appearing for the Case

Martin J. Arbus , Ocean, argued the cause for appellants.

Mark A. Steinberg argued the cause for respondents.

Before Judges CUFF, PAYNE and WAUGH.

The opinion of the court was delivered by

CUFF, P.J.A.D.

Plaintiffs Jeanne Yellen and the Estate of Dwight Yellen appeal from an order recognizing reciprocal prescriptive easements over the driveway on their property to Ocean Avenue in Deal and over the driveway of defendants Isaac J. Kassin and Margarette Kassin to Roosevelt Avenue in Deal. A prescriptive easement requires continuous adverse use over thirty years. We reverse because the facts as found fail...

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