DiSorbo v. Grand Associates One Ltd. Partnership

The defendant appeals from the judgment of a trial referee,1 acting as the trial court, which granted the plaintiff a prescriptive easement over the defendant’s land and enjoined the defendant from interfering with the plaintiff’s use and enjoyment of the easement. The defendant claims that the court erred (1) in determining that there was sufficient evidence to support the finding that the plaintiff’s use of the land was adverse to the defendant, and (2) in refusing to allow a witness of the defendant to testify as to the detrimental effect of granting a permanent injunction. We find no…