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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.