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ESKENAZI v. SLOAT

40 A.D.3d 577 (2007)

834 N.Y.S.2d 330

IRVING ESKENAZI et al., Appellants, v. CLIFFORD SLOAT et al., Respondents. (And a Third-Party Action.)

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

Decided May 1, 2007.

Ordered that the appeal from the judgment entered October 20, 2005 is dismissed, as that judgment was superseded by the amended judgment entered March 3, 2006; and it is further,

Ordered that the amended judgment is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

A party claiming an easement by prescription must prove an "adverse, open and notorious, continuous and uninterrupted [use...

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