Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land
Dias v. Town of Ulster
2025 WL 19000325
AppDiv, Third Dept.
(Opinion by McShan, J.)
Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession

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