Ribyat v. Mohawk Valley Barber & Beauty Supply Co.

Judgment modified, on the law and facts in accordance with the.memorandum and, as modified, affirmed, with costs to plaintiffs. Certain findings of fact disapproved and reversed and new findings made. Memorandum: In our judgment, the defendants-respondents-appellants have failed to establish an easement by prescription in the driveway involved here. Their use of it has not been adverse or hostile. There is no evidence of actual adverseness, nor any claim of right. Nor under the facts, as disclosed by the evidence, is there any presumption of any adverse claim. (Moore v. Day, 199 App. Div. 76,…