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WARD v. MURARIU BROS., INC.

514425.

100 A.D.3d 1084 (2012)

952 N.Y.S.2d 850

KEVIN WARD, Appellant, v. MURARIU BROTHERS, INC., Respondent.

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

November 1, 2012.

Mercure, J.P.

In 2002, defendant acquired a parcel of property on which a 100-foot long driveway is located. Plaintiff, the owner of adjacent property, has used the driveway to access his house since 1989. After defendant allegedly blocked plaintiff's access to the driveway in 2008, plaintiff commenced this action seeking a declaration that he has a prescriptive easement or an easement by necessity over the driveway. Following joinder of issue,

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