Legal Opinion

Lyon v. Melino

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1995PublishedCited by 7 opinions

1Opinion of the Court

Judgment unanimously reversed on the law with costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in determining that plaintiffs acquired a prescriptive easement over the east-west driveway on defendant’s property. To establish a prescriptive easement, plaintiffs were required to show by clear and convincing evidence that their use of the driveway was "adverse, open and notorious, continuous and uninterrupted for the prescriptive period” (Di Leo v Pecksto Holding Corp., 304 NY 505, 512; see, Lucas v Benjamin, 213 AD2d 1015; Miller v Rau, 193 AD2d 868,…

2Cases cited10 opinions

  1. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  2. Pirman v. ConferNew York Court of Appeals · 1937
  3. Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
  4. Hassinger v. KlineAppellate Division of the Supreme Court of the State of New York · 1983
  5. Miller v. RauAppellate Division of the Supreme Court of the State of New York · 1993

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Penn Heights Beach Club, Inc. v. MyersAppellate Division of the Supreme Court of the State of New York · 2007
  2. Northtown, Inc. v. VivacquaAppellate Division of the Supreme Court of the State of New York · 2000
  3. Tulley v. Bayfront North, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Jones v. VetterNew York Supreme Court · 2001
  5. Allen v. FarrellAppellate Division of the Supreme Court of the State of New York · 1999

2 more not listed; retrieve them via the Exa API.

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