Rozenberg v. Bacigalupo

In an action pursuant to RPAPL article 15, inter alia, in effect, for a judgment declaring that the plaintiffs have an easement by prescription over property owned by the defendants, and to enjoin the defendants from interfering with that easement, the plaintiffs appeal from so much of a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), dated June 25, 2004, as, after a nonjury trial, failed to declare that they have an easement by prescription over property owned by the defendants, and the defendants cross-appeal from so much of the same judgment as permanently enjoined them from…