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2281 FIRST REALTY, LLC v. WARMINSTER INVESTORS CORPORATION

Nos. 5619, 111121/08

88 A.D.3d 456 (2011)

930 N.Y.S.2d 8

2011 NY Slip Op 6940

2281 FIRST REALTY, LLC, Respondent, v. WARMINSTER INVESTORS CORPORATION, Also Known as WARMINSTER INVESTMENTS CORPORATION, Respondent, and ISA BRIJA et al., Appellants.

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

Decided October 4, 2011.

Plaintiff failed to establish prima facie there ever was "a unity and subsequent separation of title" to its property and Brecevich's property, a prerequisite to its claim of an easement by necessity in the gate in the wall between the two properties (see Simone v Heidelberg, 9 N.Y.3d 177, 182 [2007]). As to its claimed entitlement to an easement by prescription, even if plaintiff made a prima facie showing that it used the gate...

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