Stratis v. Doyle
New York Supreme Court, Appellate Division
575 N.Y.S.2d 400 (1991)
- Written by Patrick Busch, JD
Facts
In 1979, William Doyle (defendant) gave his neighbor Donald Abbatiello a right-of-way across his land to construct a driveway. The deed provided that Abbatiello would construct and maintain the driveway, which he did not do. Doyle sold parts of the property over which the right-of-way passed to others, and Abbatiello’s property passed to the plaintiffs. Doyle then interfered with the plaintiffs’ ability to use the right-of-way. They brought suit to enjoin him from interfering. Doyle claimed that the right-of-way was a license held only by Abbatiello, and that if the right-of-way was an easement, it had been forfeited because no driveway had been constructed. The trial court entered summary judgment for the plaintiffs, and Doyle appealed.
Rule of Law
Issue
Holding and Reasoning (Mahoney, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
