Jerry Spiegel, Respondent v. Stephan P. Ferraro, Defendants, and Ernie’s Auto Body, Inc., Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Supreme Court judgment that the easement was extinguished by adverse possession. Because the easement was definitively located, the owner’s demand to remove obstructions was not required, and the lessee’s exclusive, open, notorious, and continuous use for ten years satisfied the adverse possession requirements.