Allen v. Farrell

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted judgment declaring that *858defendant has a prescriptive easement in the driveway running along the easterly boundary of plaintiffs’ land. The court erred in admitting, over defendant’s objection based upon the Dead Man’s Statute (CPLR 4519), the testimony of plaintiff Gerald Elmont Allen concerning his conversation with Marian Gray in 1982 in which he allegedly asserted his rights in the driveway and granted Gray permission to use it. That testimony was proscribed by the Dead Man’s Statute (see, Pickett v…