Legal Opinion
Mee Wah Chan v. Y & Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 5 opinions
1Opinion of the Court
*943To establish an easement by prescription, the plaintiffs are required to show by clear and convincing evidence that the use was adverse, open and notorious, continuous, arid uninterrupted for the prescriptive period (see Zutt v State of New York, 50 AD3d 1133 [2008]; Duckworth v Ning Fun Chiu, 33 AD3d 583 [2006]; J.C. Tarr, Q.P.R.T. v Delsener, 19 AD3d 548 [2005]). The right acquired is measured by the extent of the use (see Zutt v State of New York, 50 AD3d at 1133) which, in this case, is alleged to be the plaintiffs’ use, since 1996, of a roughly three-foot-wide strip of land owned by the…
2Cases cited9 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Tarr v. DelsenerAppellate Division of the Supreme Court of the State of New York · 2005
- Carr v. Town of FlemingAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by5 opinions
- Courtney v. 18th & 8th LLCAppellate Division of the Supreme Court of the State of New York · 2016
- DiDonato v. DyckmanAppellate Division of the Supreme Court of the State of New York · 2018
- Isnady v. Walden Preserv., L.P.Appellate Division of the Supreme Court of the State of New York · 2022
- Old Town Tree Farm, Inc. v. Long Island Power AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Old Town Tree Farm, Inc. v. Long Island Power AuthorityAppellate Division of the Supreme Court of the State of New York · 2012