Beutler v. Maynard

Full title: SUSANNE M. BEUTLER et al., Respondents, v. ROGER MAYNARD et al., Appellants

Court: Court of Appeals of the State of New York

Date published: Mar 25, 1982

56 N.Y.2d 538 (N.Y. 1982)

449 N.Y.S.2d 966

434 N.E.2d 1344

Opinion

Argued February 12, 1982

Decided March 25, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD M. HOREY, J.

David C. Brautigam for appellants.

Raymond W. Bulson for respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The factual determinations made by the Appellate Division more nearly conform to the weight of the evidence, and we find no error in that court's application of the pertinent rules of law. Respondents Susanne M. Beutler and Martha Randazzo demonstrated their entitlement by prescription to free access to and use of the right of way known as Linwood Drive Extension.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.