Easement by Prescription—Adjoining Owner Failed to Establish Any “Easement, License, Occupancy Rights, or Other Right of Access Over Plaintiff’s Real Property”—Neighboring Business Enjoined From “Trespassing Over Such Property to Gain Access to Their Premises for Delivery Vehicles, Construction Machinery and Equipment”—Owner Permitted the Neighbors, Customers and Public to Traverse His Property as a Matter of “Willing Accord and Neighborly Accommodation”—Defendants Could Not Establish “Hostile Use”—RPAPL Article 15
Following a nonjury trial, a trial court found in favor of the plaintiff and declared that the defendant did not have any “easement, license, occupancy rights, or other right of access” (easement) “over the plaintiff’s real property.” The Appellate Division affirmed.
