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BURCON PROPS., INC. v. DALTO

155 A.D.2d 501 (1989)

Burcon Properties, Inc., et al., Appellants-Respondents, v. Anthony Dalto et al., Respondents-Appellants; Virginia Rhodes et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 1989

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiffs sought to enjoin certain defendants from blocking a driveway between their restaurant property and a shopping center parking lot on the ground that the use of the parking lot by their customers and employees since 1968 created a prescriptive easement. "An easement by prescription requires proof of...

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