MEE WAH CHAN v. Y & DEVELOPMENT CORP.

2010-02205.

82 A.D.3d 942 (2011)

919 N.Y.S.2d 74

MEE WAH CHAN et al., Appellants, v. Y & DEVELOPMENT CORP. et al., Respondents.

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

Decided March 15, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment, in effect, declaring that the plaintiffs do not have an easement by prescription over the subject real property is denied.

To establish an easement by prescription, the plaintiffs are required to show by clear and convincing evidence that the use was adverse, open and notorious, continuous, and uninterrupted for the prescriptive period (see Zutt v State...

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