Casey v. Bazan

In an action for a permanent injunction in the form of a prescriptive easement, the defendants appeal from a judgment of the Supreme Court, Westchester County (Lefkowitz, J.), dated June 17, 1997, which, after a nonjury trial, granted the permanent injunction.

Ordered that the judgment is affirmed, with costs.

The burden of proving all the elements of a prescriptive easement is on the person who asserts the claim. Once the claimant has shown, by clear and convincing evidence, that the subject property was used openly, notoriously, and continuously for the statutory period, the presumption…