Cotrone v. City of New York

In this action instituted pursuant to article 15 of the Beal Property Law to establish an easement by prescription in favor of the plaintiffs against the defendant, the City of New York, plaintiffs move for summary judgment. Defendant cross-moves to dismiss the complaint and for like relief.

The following facts, which are undisputed, establish that in 1935 plaintiffs ’ predecessor in title constructed a garage in the rear of her premises. At that time she had a 3-feet 10-inch-wide strip along the easterly side of her building. The premises of the defendant, which adjoins plaintiffs’ parcel,…