Reiss v. Maynard

Order unanimously reversed on the law with costs and motion denied. Memorandum: Plaintiffs seek to enjoin defendants from interfering with access to plaintiffs’ property over a right-of-way known as Linwood Drive Extension, a dirt or gravel road which connects to the public highway and crosses real property owned by defendants. They claim a prescriptive easement. Supreme Court dismissed the complaint on the ground of collateral estoppel, finding that the issues raised are identical to those in Beutler v Maynard (80 AD2d 982, affd 56 NY2d 538). We disagree.

The doctrine of collateral estoppel…