Maicus v. Maicus

Appeal from an order of the Supreme Court (Ryan, J.), entered June 21, 2016 in Clinton County, which, among other things, granted defendants’ cross motion for partial summary judgment on their counterclaims.

Plaintiffs own a 14-acre parcel of real property and defendants own an adjoining 136-acre parcel, both of which are located in the Town of Black Brook, Clinton County. The parties’ dispute centers on whether defendants possess a right-of-way over “two branch dirt roads” that travel across plaintiffs’ property. The parties’ trace the ownership of their adjoining properties back to John…