Griffiths v. Morrison

2 Citing cases

  1. Kostovetsky v. Rockaway Hunting Club

    2015 N.Y. Slip Op. 1421 (N.Y. App. Div. 2015)

    ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the plaintiffs do not have a prescriptive easement over certain real property belonging to the defendant. Contrary to the plaintiffs' contentions, the defendant demonstrated its prima facie entitlement to judgment as a matter of law by submitting evidence establishing that the plaintiffs' claim regarding the disputed property in this matter is based on their possession and occupancy of the property, and therefore is inconsistent with an easement by prescription (see generally DiLeo v Pecksto Holding Corp., 304 NY 505, 511; Griffiths v Morrison, 106 NY 165, 171; Bass v D. Ragno Realty Corp., 111 AD3d 863, 865; Paradise Point Assn., Inc. v Zupa, 22 AD3d 818, 819). Inasmuch as the plaintiffs failed to raise a triable issue of fact in opposition to this showing, the Supreme Court properly granted the defendant's motion for summary judgment. Since this is, in part, a declaratory judgment action, the matter must be remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the plaintiffs do not have a prescriptive easement over the real property belonging to the defendant (see Lanza v Wagner, 11 NY2d 317, 334).

  2. Wilson v. Wightman

    36 App. Div. 41 (N.Y. App. Div. 1898)   Cited 8 times

    The buildings erected upon this specific piece of ground thus conveyed passed to the defendant by the conveyance; and by a subsequent deed the title to this strip of land in controversy passed to Brower. ( Griffiths v. Morrison, 106 N.Y. 165.) In the case cited a plot of land was conveyed by a similar description, with the buildings thereon, and Judge PECKHAM, in delivering the opinion of the court, said: "I think the estate granted was a lot of land twenty-two feet wide and such building as was on that lot."