GARDEN HOMES MOBILE HOME PARK CO. LP v. PATEL

2010-08746.

100 A.D.3d 688 (2012)

954 N.Y.S.2d 165

GARDEN HOMES MOBILE HOME PARK COMPANY LIMITED PARTNERSHIP, Respondent, v. DAHYABHAI PATEL et al., Appellants, et al., Defendant.

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

November 14, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment declaring that the plaintiff has a prescriptive easement allowing it to maintain pipes over the property of the defendants Dahyabhai Patel and Chandrika Patel for the discharge of effluent from the plaintiff's sand filtration system is denied.

A party claiming entitlement to an easement by prescription must demonstrate...

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