Barton v. Munz
Opinion of the Court
In an action, inter alia, to establish an easement across the defendants’ land, the plaintiffs appeal, as limited by their brief, from so much of judgment of the Supreme Court, Putnam County (Dickinson, J.), dated June 2, 1987, as, upon a stipulated statement of facts as to the chains of title of the parties and the granting of the defendants’ motion to dismiss the complaint, enjoined them from using or asserting any rights to the driveway crossing the defendants’ land.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The dispute at bar centers on whether the plaintiffs are entitled to an easement across the defendants’ land. On appeal the plaintiffs request that this court adjudge that they have met their burden of establishing all of the elements of a prescriptive easement by clear and convincing evidence. Alternatively, they ask that the matter be returned to the Supreme Court for a hearing on the conflicting claims. Inasmuch as the parties submitted a stipulated statement of facts limited to a recitation of the chains of title to the property containing the alleged easement in question, we need not decide whether, as the defendants contend, the claim of a prescriptive easement is raised for the first time on appeal. The parties, by stipulation, may shape the facts to be determined by the court and thus circumscribe the relevant issues for the court to the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.