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New York Real Estate Law ReporterLandlord Tenant LawReal EstateColumns & Departments

Real Property Law

By New York Real Estate Law Reporter Staff
June 30, 2025

Easement By Prescription Claim Upheld; Easement By Necessity Claim Dismissed

572 Walt Whitman Road Holdings, LLC v. Whitman Capital, LLC
2025 WL 1119099
AppDiv, Second Dept.
(memorandum opinion)

In an action for a judgment declaring that landowner holds an easement by prescription or necessity over a neighboring parcel, neighbors appealed from Supreme Court’s denial of their motion to dismiss and grant of a preliminary injunction to landowner. The Appellate Division modified to dismiss the easement by necessity claim, but otherwise affirmed, holding that landowner had established a likelihood of success on the prescription claim.

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