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1380 MADISON AVENUE, L.L.C. v. 17 EAST OWNERS CORP.

12 A.D.3d 156 (2004)

783 N.Y.S.2d 473

1380 MADISON AVENUE, L.L.C., Respondent, v. 17 EAST OWNERS CORP., Appellant.

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

November 4, 2004.

Defendant failed to establish adverse possession and/or prescriptive easement by reason of its air conditioning units protruding into plaintiff's air space because it was unable to demonstrate that such possession was actual, hostile or under claim of right (see Joseph v Whitcombe, 279 A.D.2d 122 [2001]; see also Landgray Assoc. v 450 Lexington Venture, L.P., 788 F.Supp. 776 [SD NY 1992...

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