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AMALGAMATED DWELLINGS, INC. v. HILLMAN HOUSING CORPORATION

33 A.D.3d 364 (2006)

822 N.Y.S.2d 499

AMALGAMATED DWELLINGS, INC., Appellant, v. HILLMAN HOUSING CORPORATION, Respondent.

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

Decided October 5, 2006.

Plaintiff failed to prove the elements of a prescriptive easement by clear and convincing evidence (see Ray v Beacon Hudson Mtn. Corp., 88 N.Y.2d 154, 159 [1996]). Absent any proof that plaintiff's use of the disputed area of Hillman Park and Broome Street was open, notorious, continuous and under a claim of right, there is no presumption that such use was adverse or hostile—necessary for a finding of a prescriptive easement...

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