TALLEY v. BAKER


207 A.D.2d 967 (1994)

617 N.Y.S.2d 80

Darryl V. Talley et al., Appellants, v. John Baker et al., Respondents

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

September 30, 1994


Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly granted defendants summary judgment because plaintiffs failed to raise an issue of fact in response to defendants' showing that the use of the disputed property was not open and notorious, continuous and uninterrupted for the prescriptive period (see, Reed v Piedimonte, 138 A...

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