Barlow v. Spaziani
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Dowd, J.), entered July 29, 2008 in Otsego County, which granted plaintiffs’ motion for summary judgment dismissing defendant Lynn J. Devlin’s claim of a prescriptive easement.
The parties own adjoining property on Goodyear Lake in the Town of Milford, Otsego County. Defendant Lynn J. Devlin (hereinafter defendant) has owned her lot since 1989, having received it from her deceased parents who purchased it in 1972. She and her parents accessed the lot by using a short driveway (also referred to in the record as a turnaround) that extended from a…
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