Practice point: The Appellate Division determined that the defendant demonstrated its prima facie entitlement to judgment as a matter of law by submitting evidence establishing that the plaintiffs' claim is based on their possession and occupancy of the property, and therefore is inconsistent with an easement by prescription.
Student note: To the extent that this is a declaratory judgment action, it was remitted for the entry of a judgment declaring that the plaintiffs do not have a prescriptive easement over the property.
Case: Kostovetsky v. Rockaway Hunting Club, NY Slip Op 01421 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Police failure to record information regarding a driver involved in a traffic accident.
