Opinion
January 22, 1982
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Simons, J.P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.
Order unanimously reversed, with costs, and motion denied. Memorandum: Special Term improperly granted plaintiffs' motion for summary judgment imposing a prescriptive easement for driveway use on a narrow strip of defendants' property. The record presents triable issues of fact including whether the use by plaintiffs was "continuous and uninterrupted" ( Panzica v Galasso, 285 App. Div. 859, 860, affd 309 N.Y. 978) for the prescribed period (see Arrow Bldrs. Supply Corp. v. Royal Nat. Bank of N.Y., 21 N.Y.2d 428, 431; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404).