XXXX, L.P. v. 363 PROSPECT PLACE, LLC

2015-10812. Index No. 2542/15.

153 A.D.3d 588 (2017)

60 N.Y.S.3d 84

2017 NY Slip Op 05998

XXXX, L.P., Respondent, v. 363 PROSPECT PLACE, LLC, et al., Appellants.

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

Decided August 2, 2017.


Ordered that the order is affirmed, with costs.

The plaintiff and the defendants own abutting lots in Brooklyn. Prior to the current ownership, the abutting lots constituted a single parcel with a common driveway. Under the current ownerships, the driveway lies partially on the plaintiff's property and partially on the defendants' property. The plaintiff, which acquired its property in December 1998, alleged that it has openly and continuously used the driveway to...

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