JOY BUILDERS, INC. v. SHAPIRO


57 A.D.3d 486 (2008)

869 N.Y.S.2d 168

JOY BUILDERS, INC., Respondent, v. MILTON SHAPIRO et al., Appellants.

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

December 2, 2008.


Ordered that the order is reversed, on the law, with costs, and the renewed motion for summary judgment is denied.

The plaintiff claims, inter alia, that it has an easement by implication over a paper road that crosses the defendants' property, in order to access an intersecting public road. It was incumbent upon the plaintiff to make a prima facie showing, by clear and convincing evidence, that it was the intent of the original grantor, at the time of the original...

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