GREENHILL v. STILLWELL


306 A.D.2d 434 (2003)

761 N.Y.S.2d 498

IRA J. GREENHILL et al., Appellants, v. BRUCE STILLWELL et al., Respondents. (And a Third-Party Action.)

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

Decided June 23, 2003.


Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, and it is declared that the defendants do not have a prescriptive easement over a stated portion of the plaintiffs' property which adjoins a right of way.

An easement by prescription requires proof of the adverse, open, notorious, and continuous use of another's land for the prescriptive period (see Di Leo v Pecksto Holding Corp., 304 N.Y. 505...

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