Mykoff v. Rubenfeld

Appellate Division of the Supreme Court of New York

Mykoff v. Rubenfeld

149 A.D.2d 574, 540 N.Y.S.2d 266, 1989 N.Y. App. Div. LEXIS 4906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 1989

StatusPublished

Cited by2 cases

This text of 149 A.D.2d 574 (Mykoff v. Rubenfeld) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mykoff v. Rubenfeld, 149 A.D.2d 574, 540 N.Y.S.2d 266, 1989 N.Y. App. Div. LEXIS 4906 (N.Y. Ct. App. 1989).

Pincite

Opinion

In an action pursuant to RPAPL article 15 to determine claims to an easement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), entered April 6, 1988, which upon the motions of the defendants Stanley and Caryl Rubenfeld pursuant to CPLR 3211 (a) (10), directed the plaintiffs, inter alia, to join as party defendants all persons owning property abutting the disputed easement.

Ordered that the order is affirmed, with costs.

The plaintiffs claim that their interest in the disputed easement/bridle path is in no way inconsistent with the rights of adjacent property owners who also have an interest in the easement. The record reveals, however, that the easement is obstructed. It has been rendered impassable by fences, trees and bushes and, in the past 18 years has not been used as a bridle path. Thus, the co-owners of the easement may object to its reestablishment as an easement and, accordingly, should be joined as parties. Moreover, since the easement was ostensibly intended to be a contiguous bridle path for the benefit of all abutting landowners shown on the Vincent Astor map, the plaintiffs’ claim that they are asserting legal rights vis-á-vis the defendants only is unavailing (see generally, Smith & Sons Carpet Co. v Ball, 143 App Div 83).

We have reviewed the plaintiffs’ remaining contentions and find them to be without merit. Rubin, J. P., Kooper, Sullivan and Balletta, JJ., concur.

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In an action pursuant to RPAPL article 15 to determine claims to an easement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), entered April 6, 1988, which upon the motions of the defendants Stanley and Caryl Rubenfeld pursuant to CPLR 3211 (a) (10), directed the plaintiffs, inter alia, to join as party defendants all persons owning property abutting the disputed easement.

Ordered that the order is affirmed, with costs.

The plaintiffs claim that their interest in the disputed easement/bridle path is in no way inconsistent with the rights of adjacent property owners who also have an interest in the easement. The record reveals, however, that the easement is obstructed. It has been rendered impassable by fences, trees and bushes and, in the past 18 years has not been used as a bridle path. Thus, the co-owners of the easement may object to its reestablishment as an easement and, accordingly, should be joined as parties. Moreover, since the easement was ostensibly intended to be a contiguous bridle path for the benefit of all abutting landowners shown on the Vincent Astor map, the plaintiffs’ claim that they are asserting legal rights vis-á-vis the defendants only is unavailing (see generally, Smith & Sons Carpet Co. v Ball, 143 App Div 83).

We have reviewed the plaintiffs’ remaining contentions and find them to be without merit. Rubin, J. P., Kooper, Sullivan and Balletta, JJ., concur.

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Bluebook (online)

149 A.D.2d 574, 540 N.Y.S.2d 266, 1989 N.Y. App. Div. LEXIS 4906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mykoff-v-rubenfeld-nyappdiv-1989.

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