Dunham v. Elite Development, Inc.

In an action, inter alia, for a judgment declaring that the plaintiff has an easement by prescription over property owned by the defendant, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated October 16, 2007, as denied its motion for summary judgment, in effect, declaring that the plaintiff does not have an easement by prescription over its property, and to cancel the plaintiffs notice of pendency.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff asserts that she has an…