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ALTAIR 18 CONDOMINIUM v. 42 W. 18TH ST. REALTY CORP.

Index No. 155810/16. Appeal No. 12806. Case No. 2020-02837.

190 A.D.3d 448 (2021)

135 N.Y.S.3d 646

2021 NY Slip Op 00078

Altair 18 Condominium, Appellant, v. 42 West 18th Street Realty Corp., Respondent.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York ( Janice I. Goldberg of counsel), for appellant.

Carter Ledyard & Milburn LLP, New York ( Alan S. Lewis of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

Plaintiff failed to establish its entitlement to a prescriptive easement by clear and convincing evidence, as the presumption of hostility does not arise where, as here, the use is not exclusive (see Amalgamated Dwellings, Inc. v Hillman Hous. Corp., 33 A.D.3d 364 [1st Dept 2006]; Susquehanna Realty Corp. v Barth, 108 A.D.2d 909 [2d Dept 1985]). A letter sent by defendant to plaintiff demonstrates...

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