New York Supreme Court, Appellate Division
575 N.Y.S.2d 400 (N.Y. App. Div. 1991)
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
Holding and Reasoning (Mahoney, J.)
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