Holden v. Palitz

This is an action pursuant to article 15. of the Real Property Law seeking a determination that the defendants possess no right of way or easement in and over certain lands in the town of Mount Pleasant, Westchester County, which Stephen Holden (now deceased) purchased from the County of Westchester. The action was brought by Stephen Holden, but he died after the commencement thereof, and his executors were duly substituted as parties plaintiff. The action was tried before the undersigned without a jury.

The defendant, County of Westchester, interposed an answer alleging that the right of way…