190 MESEROLE v 188 MESEROLE

Holding The court held that the driveway easement was not abandoned because the defendants failed to prove by clear and convincing evidence an intent to abandon coupled with an overt act of relinquishment. The recorded driveway agreement and offering plans superseded any alleged oral rescission, and the temporary nature of the fences did not constitute a permanent obstruction.

The court’s words

the court rules for plaintiffs that the easement was never abandoned

89 Misc 3d 938, at the official text

the precedence of officially filed documents over an alleged oral statement barred by the statute of frauds

89 Misc 3d 938, at the official text

the wooden gates with a four-foot opening do not constitute a permanent structure which would absolutely bar the use of the easement

89 Misc 3d 938, at the official text

the offering plans filed with the State Attorney General’s Office and the driveway agreement filed with the Office of the Register in 2006 supersede and trump any alleged ‘thought’ or oral discussion between a sponsor and his attorney

89 Misc 3d 938, at the official text