Gianna v. Jaeger

In an action for judgment declaring that plaintiffs have an easement by prescription to use a portion of defendant’s real property as part of a driveway for ingress and egress of automobiles with respect to the garages at the rear of plaintiff’s adjoining real property, for an injunction and other incidental relief, defendant appeals from a judgment in favor of plaintiffs and from an order reopening the ease for further proof and from an order denying her motion to strike the case from the calendar. Judgment reversed on the law and the facts, and new trial granted, with costs to abide the…