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Real Property Law
Prescriptive Easement Counterclaim Dismissed
Mastbeth v. Shiel, 2023 WL 4628572 AppDiv, Third Dept. (Opinion by Egan, J.P.)
In landowner's action to recover damages for trespass, landlord appealed from Supreme Court's judgment, after a nonjury trial, that landowner's neighbor had a prescriptive easement over landowner's parcel and that landowner had not proven the damages necessary to support her trespass claim. The Appellate Division modified to dismiss the neighbor's prescriptive easement counterclaim, and awarded landowner $1 in nominal damages.
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