Appellate Division of the Supreme Court of the State of New York June 15, 1998 (Frumkin v. Chemtop)

—In an action, inter alia, for a judgment declaring that the plaintiff has a prescriptive easement over a portion of the defendants’ real property, the defendants appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated November 16, 1997, which denied their motion for summary judgment dismissing the complaint.