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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.