Kopp v. Niemetz

Appeal by the defendants Niemetz from a judgment of the Supreme Court, Queens County, entered May 1, 1959, after trial before an Official Referee, declaring that plaintiffs’ predecessor in title, the late Clare Kopp, (who originally was the plaintiff in the action and who died during the pendency of this appeal) has a driveway easement over a portion of the land of the defendants Niemetz, enjoining said defendants from interfering with such easement, and directing them to remove a fence which they have erected bn the driveway along the boundary line of their property. Judgment reversed on the…