Rice v. Rhode

Full title: ROBERT E. RICE et al., Appellants, v. JOHN RHODE et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1991

175 A.D.2d 604 (N.Y. App. Div. 1991)

572 N.Y.S.2d 547

Opinion

July 12, 1991

Appeal from the Supreme Court, Livingston County, Houston, J.

Present — Dillon, P.J., Boomer, Pine, Balio and Davis, JJ.

Judgment unanimously reversed on the law with costs and judgment granted to plaintiffs for relief requested in complaint. Memorandum: The court erred in granting defendants a prescriptive easement over plaintiffs' property because defendants failed to establish use of the right-of-way for the first three years of the prescriptive period. Evidence that unknown third parties used the right-of-way during that time was insufficient to establish the prescriptive easement (see, Warwick Materials v J.K. Produce Farms, 111 A.D.2d 805, 807).