MARTIN WEISZBERGER IN TRUST v. HUSARSKY

2012-09208

114 A.D.3d 731 (2014)

979 N.Y.S.2d 851

2014 NY Slip Op 969

MARTIN WEISZBERGER IN TRUST, Appellant, v. MORDECHAI D. HUSARSKY et al., Respondents.

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

Decided February 13, 2014.


In an action, inter alia, for a judgment declaring that the plaintiff has a prescriptive easement over a portion of the defendants' property, the plaintiff appeals from an order of the Supreme Court, Kings County (Graham, J.), dated June 12, 2012, which granted the defendants' motion for summary judgment declaring that it does not have a prescriptive easement.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff...

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