Michele Di Leo v. Pecksto Holding Corp.

Summary

The New York Court of Appeals affirmed the trial court's judgment granting Michele Di Leo a perpetual prescriptive easement over the defendants' lands, while reversing the portions of the judgment that imposed liability on White Plains Terminal Corp. and certain mortgagees. The Court held that Section 40 of the Civil Practice Act does not apply to easements, that Di Leo's use satisfied the elements of prescription, and that a 1932 boundary‑line agreement did not divest his easement.