SKETCHES OF COURT: Driveway rights disputed in property trial

August 30, 2017 By Alba Acevedo Brooklyn Daily Eagle

Court sketch by Alba Acevedo

Share this:

In this courtroom sketch, Hon. Genine Edwards listens as plaintiff’s attorney Geoffrey Bowser (standing), of the Tamir Law Group, addresses the jury during summations in the property rights trial Moyal v. Hunter. Associate attorney Sarah Thompson is seated second from right.

Moyal wanted to safeguard the only access to her home’s parking area, which she has accessed since 1999 via her neighbor’s driveway. Bowser sought judgment to establish the right for the Moyal family to continue to park their cars at the back of their property using the neighbors’ driveway.

The Hunters planned to sell their property, which includes the driveway, to a developer who wanted to build in such a way that would have blocked Moyal’s access. The developer was uncertain of the rights involved. Moyal brought the lawsuit, and the developer backed out.

The Hunters were represented by Arthur Farberov (seated, right), trial counsel to the Levin Law Group. Farberov alleged that Moyal had not met conditions for a prescriptive easement. For one, he maintained that Moyal’s use of the driveway was permissive, and disputed other conditions for the judgment Bowser sought.

The jury determined that an easement exists. Hon. Edwards entered a judgment establishing Moyal’s right to the use of the driveway for parking access. The judgment will be an addendum to the existing and to future deeds.

Court reporter Candace Hammond recorded the proceedings in the trial that resolved in Kings County Civil Term.