Talley v. Baker

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly granted defendants summary judgment because plaintiffs failed to raise an issue of fact in response to defendants’ showing that the use of the disputed property was not open and notorious, continuous and uninterrupted for the prescriptive period (see, Reed v Piedimonte, 138 AD2d 937, lv denied 72 NY2d 803). Plaintiffs also failed to establish a likelihood of success on the merits and therefore were not entitled to a…