Town of Irondequoit v. Fischer

The Town failed to meet its burden of establishing by clear and convincing evidence that it had an easement by prescription on defendants’ property (see, Beutler v Maynard, 80 AD2d 982, affd 56 NY2d 538; see also, Lyon v Melino, 214 AD2d 992, 993). The Town failed to establish that its use of the land was open and notorious for the requisite period (see, Albany Garage Co. v Munson, 218 App Div 240, 242, affd 245 NY 613; see also, Tredwell v Inslee, 120 NY 458, 465; Carr v Town of Fleming, 122 AD2d 540, 541; cf., Vinciguerra v State of New York, 262 AD2d 743). Defendants acquired their…