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D.D.R. REALTY CORP. v. LIBRARY LANE ASSOCIATES, LLC

16 A.D.3d 541 (2005)

790 N.Y.S.2d 886

D.D.R. REALTY CORP. et al., Respondents, v. LIBRARY LANE ASSOCIATES, LLC, Appellant.

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

March 21, 2005.

Ordered that the judgment is affirmed, with costs.

The plaintiffs established, by clear and convincing evidence, that their use of the driveway in question was adverse, open, notorious, continuous, and uninterrupted for the prescriptive period of 10 years (see CPLR 212 [a]; RPAPL 311; Misak v Rotondi, 1 A.D.3d 413, 414 [2003]; Barone v Guthy, 295 A.D.2d 460 [2002]; Allen...

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