Jacobs v. Lewicki

In an action to establish by prescription a driveway easement over a portion of defendant’s property and to enjoin interference with such easement, defendant appeals from a judgment of the Supreme Court, Nassau County, rendered July 22, 1960, after a nonjury trial, declaring the existence of such easement and directing defendant to remove a fence erected by her in the driveway. Judgment reversed on the law and the facts, without costs, and complaint dismissed. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. The parties…