Litigation Department Win in the Supreme Court, Westchester County!

In a real estate case with a significant procedural history that included extensive motion practice and argument in the Appellate Division, Second Department, Jonathan B. Nelson, Jessica Kastner and Venesha White secured a victory after trial in favor of our clients.

Plaintiffs filed the lawsuit to have a court preclude our client, 60 Millwood Rd., from interfering with their alleged right to use the property, claiming that they had a prescriptive easement over certain real property owned by our client and that that their use of the property was “hostile, open and notorious, and continuous” as required by law. Following a two-day trial led by Jon Nelson, the court ruled in favor of our client, finding the plaintiffs’ use of the property was permissive and based on neighborly accommodation, not hostile or adverse as required by law. Congratulations to Jon, Venesha, Jessica and the entire Litigation Department.