Ochs v. Cladot Products, Inc.

This action was brought by plaintiffs for a declaratory judgment adjudging them owners of a dominant tenement with a prescriptive easement over part of the premises owned by one of the defendants, and further, for a judgment barring and enjoining the defendants from interfering with or disrupting the quiet enjoyment of plaintiffs’ right to the easement and for damages for withholding possession of the premises. While the owner, the mortgagee and the lessee of the premises were made parties to this proceeding and each duly served with a summons and complaint, only the owner has interposed an…