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MORALES v. RILEY

28 A.D.3d 623 (2006)

813 N.Y.S.2d 518

RAMONA MORALES et al., Appellants, v. DIONNE RILEY, Respondent.

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

April 18, 2006.

Ordered that the judgment is reversed, on the law and the facts, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate amended judgment in accordance herewith.

"To acquire an easement by prescription, it must be shown that the use was hostile, open and notorious, and continuous and uninterrupted for the prescriptive period" of 10 years (Asche v. Land & Bldg. Known as 64-29 232nd St.,

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