May 13, 2016
JAMAICA ESTATES, NY – The New York State Supreme Court, Appellate Division, Second Department recently reversed a lower court decision that held against the firm’s client in a case involving access to right-of-way and ingress/egress on a shared driveway.
The defendant, Daniel Delbeau, and his neighbor, Peter Hoffmann, owned attached houses and shared a driveway that ran behind their properties. Mr. Hoffmann alleged that the defendant was interfering with his right-of-way access whenever he parked his car in front of his garage in “a sideway manner,” which resulted in his being unable to access the property. The plaintiff sought summary judgment in New York State Supreme Court that would prevent the defendant from blocking him from accessing the property. On March 7, 2014, the Court ruled in favor of Mr. Hoffmann.
Tanya Hobson-Williams of Hobson-Williams, P.C. filed an appeal on behalf of Mr. Delbeau, claiming the way his car was parked did not preclude Mr. Hoffmann from gaining access to his property. The court found that the defendant raised triable issues of fact regarding, among other things, whether the parking of Mr. Delbeau’s vehicle in the manner described by Mr. Hoffmann was a reasonable use of the right-of-way and access to their property. On May 11, 2016, the New York State Supreme Court, Second Appellate Division, reversed the lower court ruling.
To view the decision, click here.
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