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REINWALD v. ACCARDI

201 A.D.2d 476 (1994)

607 N.Y.S.2d 406

Richard J. Reinwald et al., Respondents, v. Peter Accardi et al., Appellants

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

February 7, 1994

Ordered that the judgment is affirmed, with costs.

A party seeking to establish an easement by prescription must prove that its use of the easement area was adverse, open and notorious, continuous and uninterrupted for the prescriptive period (see, Di Leo v Pecksto Holding Corp., 304 N.Y. 505, 512; see also, CPLR 212 [a]; RPAPL 311). Here, the record establishes that the use of the easement area by the plaintiffs...

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