Frumkin v. Chemtop
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, for a judgment declaring that the plaintiff has a prescriptive easement over a portion of the defendants’ real property, the defendants appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated November 16, 1997, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the counterclaims are severed, and the action is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff does not have a prescriptive…
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