Lucas v. Benjamin

—Judgment *1016unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: The determination of Supreme Court that plaintiff did not acquire a prescriptive easement over a portion of the property of defendant Catherine Benjamin is supported by the record. "In order to establish a prescriptive easement over defendant’s] property, plaintiff had to show by clear and convincing evidence adverse, open and notorious, and continued and uninterrupted use of [defendant’s property] for the prescriptive period” (Miller v Rau, 193…