GORDON v. THOMAS


177 A.D.2d 909 (1991)

Max Gordon et al., Appellants, v. William C. Thomas et al., Respondents

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

November 27, 1991


Casey, J.

At issue on this appeal is whether Supreme Court correctly granted summary judgment in favor of defendants in this action whereby plaintiffs sought, inter alia, a declaration that they had an easement by prescription across defendants' land. We conclude that the evidence submitted by the parties raises a question of fact which must be tried.

To establish their right to a prescriptive easement, plaintiffs were required to prove...

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