Martin Weiszberger in Trust v. Husarsky

In an action, inter alia, for a judgment declaring that the plaintiff has a prescriptive easement over a portion of the defendants’ property, the plaintiff appeals from an order of the Supreme Court, Kings County (Graham, J.), dated June 12, 2012, which granted the defendants’ motion for summary judgment declaring that it does not have a prescriptive easement.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff commenced this action, inter alia, for a judgment declaring that it has a prescriptive easement over a portion of the defendants’ property…