TOP HAT CAR WASH CO., INC. v. McDONLY


277 A.D.2d 310 (2000)

716 N.Y.S.2d 83

TOP HAT CAR WASH CO., INC., et al., Respondents, v. CHARLES McDONLY et al., Appellants.

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

Decided November 13, 2000.


Ordered that the order is modified, on the law, by deleting the provision thereof declaring that the plaintiffs have a prescriptive easement appurtenant and substituting therefor a provision declaring that the plaintiffs have a prescriptive easement in gross; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment declaring that the plaintiffs have...

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