Beutler v. Maynard — 56 N.Y.2d 538

Majority

p. 538

Susanne M. Beutler et al., Respondents, v Roger Maynard et al., Appellants.

Argued February 12, 1982;

decided March 25, 1982

p. 540

APPEARANCES OF COUNSEL

David C. Brautigam for appellants.

Raymond W. Bulson for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The factual determinations made by the Appellate Division more nearly conform to the weight of the evidence, and we find no error in that court’s application of the pertinent rules of law. Respondents Susanne M. Beutler and Martha Randazzo demonstrated their entitlement by prescription to free access to and use of the right of way known as Linwood Drive Extension.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.