Thury v. Britannia Acquisition Corp.

In an action, inter *374alia, for a judgment declaring that the plaintiffs have a prescriptive easement over the defendant’s property, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Dunn, J.), dated November 8, 2000, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is modified by deleting so much of the first decretal paragraph thereof as dismissed the fourth cause of action and substituting therefor a provision declaring that the plaintiffs have a prescriptive easement across the property of the defendant, commencing at the northwest…