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LUCAS v. BENJAMIN

213 A.D.2d 1015 (1995)

624 N.Y.S.2d 714

Carol K. Lucas, Appellant, v. Catherine Benjamin, Respondent, et al., Defendants

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

March 17, 1995

Judgmentunanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum:

The determination of Supreme Court that plaintiff did not acquire a prescriptive easement over a portion of the property of defendant Catherine Benjamin is supported by the record. "In order to establish a prescriptive easement over defendant['s] property, plaintiff had to show...

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