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Reinwald v. Accardi

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 476 (N.Y. App. Div. 1994)

Opinion

February 7, 1994

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the judgment is affirmed, with costs.

A party seeking to establish an easement by prescription must prove that its use of the easement area was adverse, open and notorious, continuous and uninterrupted for the prescriptive period (see, Di Leo v. Pecksto Holding Corp., 304 N.Y. 505, 512; see also, CPLR 212 [a]; RPAPL 311). Here, the record establishes that the use of the easement area by the plaintiffs and their predecessors continued unabated for more than the ten-year period prescribed in CPLR 212 (a); that it was open and effected with the full knowledge of the defendants, who were present there on a daily basis; and that it was adverse and without the permission of either the defendants or their predecessors. Critically, both the defendants and their predecessors testified about significant, unsuccessful efforts to block the use of the easement area by the plaintiffs and their predecessors. Accordingly, we conclude the Supreme Court properly determined that the plaintiffs had established their entitlement to a prescriptive easement.

We have examined the defendants' remaining contentions and find them unavailing. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.


Summaries of

Reinwald v. Accardi

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 476 (N.Y. App. Div. 1994)
Case details for

Reinwald v. Accardi

Case Details

Full title:RICHARD J. REINWALD et al., Respondents, v. PETER ACCARDI et al.…

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

Date published: Feb 7, 1994

Citations

201 A.D.2d 476 (N.Y. App. Div. 1994)
607 N.Y.S.2d 406

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