SCAPPA v. HERZIG

2011-01127.

92 A.D.3d 751 (2012)

938 N.Y.S.2d 346

2012 NY Slip Op 1233

LOUIS T. SCAPPA, Respondent, v. MILTON HERZIG et al., Appellants.

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

Decided February 14, 2012.


Ordered that the judgment is affirmed, with costs.

The plaintiff has a garage towards the rear of his property which can only be accessed by a vehicle by using a driveway which encroaches approximately three feet onto the defendants' property. The plaintiff commenced this action, inter alia, for a judgment declaring that he has an easement over the defendants' property for purposes of ingress and egress. The plaintiff alleges that in or around October 2005, the defendants...

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