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251 CPW LLC v. 257 CENTRAL PARK WEST, INC.

52 A.D.3d 355 (2008)

860 N.Y.S.2d 69

251 CPW LLC et al., Appellants, v. 257 CENTRAL PARK WEST, INC., et al., Respondents.

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

Decided June 17, 2008.

The court properly concluded that plaintiffs have not acquired an easement in defendant 257 Inc.'s portion of the alleyway. No easement by prescription exists since there is no showing that plaintiffs' use was hostile and adverse (see Amalgamated Dwellings, Inc. v Hillman Hous. Corp., 33 A.D.3d 364 [2006]; Bookchin v Maraconda, 162 A.D.2d 393 [1990]; see also Morales v Riley,

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