TULLEY v. BAYFRONT NORTH, LTD.


286 A.D.2d 873 (2001)

730 N.Y.S.2d 603

FRANK D. TULLEY et al., Appellants, v. BAYFRONT NORTH, LTD., et al., Respondents.

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

Decided September 28, 2001.


Order and judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted that part of defendants' cross motion for judgment declaring that plaintiffs have no permanent easement to park in the area known as the "title parking area." Parties seeking to establish the existence of a prescriptive easement must demonstrate by clear and convincing evidence that their use of the subject property was adverse, open and notorious, and continuous...

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