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Real Property Law

By ljnstaff
November 02, 2017

Landowner Establishes Likelihood of Success on Implied Easement Claims
XXXX, L.P. v. 363 Prospect Place, LLC
NYLJ 8/4/17, p. 29, col. 6
AppDiv, Second Dept.
(memorandum opinion)

In landowner's action for a judgment that it holds an easement over neighbor's property, neighbor appealed from Supreme Court's grant of a preliminary injunction, and from Supreme Court's denial of neighbor's motion to dismiss the complaint. The Appellate Division affirmed, holding that the evidence proffered by neighbor did not conclusively establish that landowner had no easement by necessity, pre-existing use, or prescription.

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