251 CPW LLC v. 257 Central Park West, Inc.

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered on or about July 23, 2007, which granted defendants’ motion for summary judgment and dismissed the complaint, and denied plaintiffs’ cross motion for leave to amend, unanimously affirmed, with costs.

The court properly concluded that plaintiffs have not acquired an easement in defendant 257 Inc.’s portion of the alleyway. No easement by prescription exists since there is no showing that plaintiffs’ use was hostile and adverse (see Amalgamated Dwellings, Inc. v Hillman Hous. Corp., 33 AD3d 364 [2006];…