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Real Property Law
Summary Judgment Denied On Prescriptive Easement Claim
Correra v. 60 Millwood Partners, LLC 2024 WL 592309, AppDiv, Second Dept. (memorandum opinion)
In an action for a judgment declaring that landowners have an easement over neighboring land, easement claimants appealed from Supreme Court's grant of summary judgment to the alleged servient owner. The Appellate Division reversed, holding that servient owner's submissions had not established that claimants' use of the path was not adverse and continuous.
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