Opinion
2002-06076
Argued October 16, 2003.
November 10, 2003.
In an action, inter alia, for a judgment declaring that the plaintiffs have a prescriptive easement over a driveway located on the defendants' property, the defendants appeal from a judgment of the Supreme Court, Nassau County (Winick, J.), entered May 6, 2002, which, after a nonjury trial, inter alia, is in favor of the plaintiffs and against them declaring that the plaintiffs have a prescriptive easement over the subject driveway.
Ré, Parser Partners, New York, N.Y. (Stuart A. Jackson and Thomas C. Ré of counsel), for appellants.
O'Reilly, Marsh Corteselli, P.C., Garden City, N.Y. (Arthur T. Walsh of counsel), for respondents.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly determined that the plaintiffs were entitled to a prescriptive easement over the driveway located on the defendants' property. The plaintiffs established, by clear and convincing evidence, that their use of the driveway was adverse, open, notorious, continued, and uninterrupted for the prescriptive period of 10 years ( see Barone v. Guthy, 295 A.D.2d 460; Coverdale v. Zucker, 261 A.D.2d 429, 430; Casey v. Bazen, 253 A.D.2d 838; Reinwald v. Accardi, 201 A.D.2d 476; see also CPLR 212[a]; RPAPL 311). The defendants failed to rebut this showing with evidence that such use was permissive.
The defendants' remaining contentions are without merit.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.