Lewis v. Young

OPINION OF THE COURT

Chief Judge Kaye.

This battle between Southampton neighbors centers on an open question in New York law: can a landowner, without consent, relocate an easement holder’s right of way over the burdened premises? We conclude that, under the particular circumstances presented, the landowner can move the right of way, so long as the easement holder’s right of access and ingress is not impaired. We therefore reverse the Appellate Division order summarily directing restoration of the landowner’s original driveway, and remit the matter to the trial court to determine remaining…