Kolodziej v. Martin

—Order and judgment unanimously affirmed without costs. Memorandum: This action for declaratory and injunctive relief centers upon plaintiffs claim to a prescriptive easement over a small strip of property alongside defendant’s house and defendant’s right to build a fence along the boundary line between the parties’ properties. Supreme Court did not abuse its discretion in denying plaintiffs motion for a preliminary injunction restraining defendant from

*942interfering with the claimed easement. Even assuming, arguendo, that plaintiff demonstrated a likelihood of success on the merits, we conclude…