Grunder v. Recckio

— Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Cayuga County, for further proceedings, in accordance with the following memorandum: We agree with Special Term’s determination to the extent that it granted plaintiffs’ motion to dismiss defendants’ affirmative defenses of adverse possession and laches and denied defendants’ motion to amend their answer to add the affirmative defense of easement by prescription, for the reasons stated in Special Term’s memorandum decision. We disagree with the determination insofar as it…