Legal Opinion
Amalgamated Dwellings, Inc. v. Hillman Housing Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 2006PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered April 7, 2005, which, after a nonjury trial, declared plaintiff not entitled to prescriptive easements over two areas of defendant’s property for pedestrian and vehicular use, unanimously affirmed, without costs.
Plaintiff failed to prove the elements of a prescriptive easement by clear and convincing evidence (see Ray v Beacon Hudson Mtn. Corp., 88 NY2d 154, 159 [1996]). Absent any proof that plaintiffs use of the disputed area of Hillman Park and Broome Street was open, notorious, continuous and under a claim of…
2Cases cited5 opinions
- Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
- Allen v. MastrianniAppellate Division of the Supreme Court of the State of New York · 2003
- Saperstein v. LewenbergAppellate Division of the Supreme Court of the State of New York · 2004
- Rivermere Apartments, Inc. v. Stoneleigh Parkway, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Bookchin v. MaracondaAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by8 opinions
- Jhae Mook Chung v. Maxam Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- 251 CPW LLC v. 257 Central Park West, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Altair 18 Condominium v. 42 W. 18th St. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2021
- Altair 18 Condominium v. 42 W. 18th St. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2021
- 135 W. Broadway LLC v. 137 W. Broadway Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2020
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