FRUMKIN v. CHEMTOP


251 A.D.2d 449 (1998)

674 N.Y.S.2d 409

Gertrude Frumkin, Respondent, v. Mark Chemtop et al., Appellants

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

June 15, 1998


Ordered that the order is reversed, on the law, with costs, the motion is granted, the counterclaims are severed, and the action is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff does not have a prescriptive easement over the defendants' real property.

Generally, an easement by prescription is demonstated by proof of the "adverse, open and notorious, continuous, and uninterrupted [use of the property] for the...

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