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315 MAIN STREET POUGHKEEPSIE, LLC v. WA 319 MAIN, LLC

62 A.D.3d 690 (2009)

878 N.Y.S.2d 193

315 MAIN STREET POUGHKEEPSIE, LLC, Appellant, v. WA 319 MAIN, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of a judgment declaring that the plaintiff does not have a prescriptive easement over the property owned by the defendant.

An easement by prescription is generally demonstrated by proof of the adverse, open and notorious, continuous, and uninterrupted use of the subject...

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