Gold v. Berkowitz

In an action for a judgment declaring that the plaintiffs have a prescriptive easement over property owned by the defendants, the defendants appeal from an order of the Supreme Court, Kings County (Shaw, J.), dated January 11, 1996, which granted the plaintiffs’ motion for a preliminary injunction and denied their cross motion for summary judgment.

Ordered that the order is modified by deleting the provision granting the plaintiffs’ motion for a preliminary injunction and substituting therefor a provision denying the plaintiffs’ motion for a preliminary injunction; as so modified, the order is…