Schwartzberg v. Shek Cheung Lui

In an action, inter alia, to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered October 5, 1999, which, in effect, granted the defendant’s motion made at the close of the plaintiffs case to dismiss the complaint for failure to establish a prima facie case.

Ordered that the order is affirmed, with costs.

The burden of establishing ownership of the subject driveway was upon the plaintiff (see, Duggan v Hyland, 50 AD2d 1066; Judd v Chilson, 177 App Div 121). The plaintiff attempted to establish his case through the use…