2281 First Realty, LLC v. Warminster Investors Corp.

*457Plaintiff failed to establish prima facie there ever was “a unity and subsequent separation of title” to its property and Brecevich’s property, a prerequisite to its claim of an easement by necessity in the gate in the wall between the two properties (see Simone v Heidelberg, 9 NY3d 177, 182 [2007]). As to its claimed entitlement to an easement by prescription, even if plaintiff made a prima facie showing that it used the gate openly, notoriously, and continuously for the statutory period, and adversely to Brecevich’s interests, Brecevich raised a triable issue of fact through his affidavit…