Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Real Property Law

By New York Real Estate Law Reporter Staff
May 01, 2024

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.

Since easement claimants acquired their parcel in 1988 they have routinely used a path running south across several parcels to reach a road even though they have shared road access to the north. They contend that their purchase included an easement across the southern path. Part of that path crosses a parking lot on a parcel purchased by alleged servient owner in 2015. Servient owner blocked access soon after acquiring its parcel, leading easement claimants to bring this declaratory judgment action. Supreme Court awarded summary judgment to alleged servient owner, and easement claimant appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.