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O'Donnell v. Cullen
Citations: 229 A.D.2d 378; 644 N.Y.S.2d 899; 1996 N.Y. App. Div. LEXIS 7590
Court: Appellate Division of the Supreme Court of the State of New York; July 1, 1996; New York; State Appellate Court
In a legal action concerning the rights to a right-of-way on the plaintiff's property, the defendants appealed a judgment from the Supreme Court of Dutchess County, which declared that they had no right to use the right-of-way. The judgment, issued on April 4, 1995, was affirmed without costs or disbursements. The dispute originated from a two-lot subdivision approved in October 1989, which required the existing driveway between Lot 1 and Lot 2 to be terminated and mandated the construction of new driveways for both lots onto Frances Drive. The defendants acquired Lot 2 in December 1993 with an easement granting them a driveway right-of-way from Route 82 over Lot 1. In May 1994, the plaintiff purchased Lot 1, but the existing driveway was never terminated as per the subdivision approval. The plaintiff sought summary judgment to declare that the defendants had no right to use the right-of-way across Lot 1. The court granted this summary judgment, determining that the plaintiff provided adequate evidence to support their claim, while the defendants failed to present sufficient admissible evidence to create any material factual issues. The decision was supported by relevant legal precedents and procedural statutes. Judges Thompson, Altman, Goldstein, and McGinity concurred with the ruling.