Alexander v. Oakley, 943 NYS2d 291 (3d Dept May 3, 2012)

The firm represented Plaintiffs in a property dispute involving the use of a private right of way on the Alexanders’ land. The Plaintiffs brought the action under Article 15 of the N.Y. Real Property Action and Proceedings Law to declare the extent of the parties’ interests in the disputed roadway, which traverses the Plaintiffs’ property and was being used by several property owners as a point of access to their parcels in the Town of Hurley and the Town of Woodstock, Ulster County. Plaintiffs prevailed on summary judgment and the Appellate Division affirmed, finding the Woodstock property owners had no deeded right to use the disputed roadway and could not establish an easement by prescription.