Distefano v. Quigley

Plaintiffs sued their next-door neighbors (“Defendants”) to establish a prescriptive easement for the use of a driveway across Defendants’ land. Defendants impleaded their sellers (“Third-Party Defendants”) for breach of warranty, breach of covenant, and negligent misrepresentation. All parties and their attorneys participated in a November 17-18, 2005 non-jury trial. After taking the case under advisement, the court issued a judgment:

1. Noting a pretrial request “that the Third Party action be severed and tried separately from this action,” and granting same with the express understanding…