Tulley v. Bayfront North, Ltd.

—Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted that part of defendants’ cross motion for judgment declaring that plaintiffs have no permanent easement to park in the area known as the “title parking area.” Parties seeking to establish the existence of a prescriptive easement must demonstrate by clear and convincing evidence that their use of the subject property was adverse, open and notorious, and continuous and uninterrupted for the prescriptive period of 10 years (see, RPAPL 311; Di Leo v Pecksto Holding Corp., 304 NY 505, 512). Further,…