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HARLEM COMMONWEALTH COUNCIL, INC. v. THOMAS MEMORIAL WESLEYAN METHODIST CHURCH

10 A.D.3d 572 (2004)

782 N.Y.S.2d 83

HARLEM COMMONWEALTH COUNCIL, INC., Appellant, v. THOMAS MEMORIAL WESLEYAN METHODIST CHURCH, Respondent.

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

September 28, 2004.

Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered February 2, 2004, which, inter alia, upon the grant of defendant's motion for summary judgment, declared that defendant adversely possessed the subject easement, unanimously affirmed, without costs.

The record establishes that defendant has continuously, exclusively, openly and notoriously occupied the property encompassed by the easement for a period in excess of 10 years, dating at least to...

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