John E. Simone, Appellants v. Jay J. Heidelberg, Respondents

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the driveway easement was extinguished when the parcels came under common ownership and was not recreated because the servient estate’s chain of title contained no deed reference; the easement also failed to qualify as an easement by necessity. The Court reinstated the Supreme Court’s judgment in favor of the plaintiffs.