Bookchin v. Maraconda

Order and judgment (one paper), Supreme Court, Westchester County (Vincent Gurahian, J.), entered on or about November 10, 1988, which granted summary judgment to plaintiffs and denied defendant’s cross motion for summary judgment, unanimously affirmed, without costs or disbursements.

At issue is defendant’s asserted right-of-way over plaintiffs’ driveway based upon an easement by adverse possession. For many years, plaintiffs’ predecessors in interest had granted defendant’s parents, pursuant to written agreement, a license to use the driveway. Due to disagreements, plaintiffs notified…