| Serafin Props., LLC v Amore Enters., Inc. |
| 2018 NY Slip Op 07634 [166 AD3d 1542] |
| November 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Serafin Properties, LLC, Appellant, v Amore Enterprises, Inc., Respondent. |
Zdarsky, Sawicki & Agostinelli LLP, Buffalo (Guy J. Agostinelli of counsel), for plaintiff-appellant.
Lewandowski & Associates, West Seneca (Kimberly M. Thrun of counsel), for defendant-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered February 6, 2018, in a declaratory judgment action. The judgment, among other things, declared that plaintiff does not have a prescriptive easement over defendant's property.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Whalen, P.J., Peradotto, NeMoyer, Curran and Troutman, JJ. [Prior Case History: 58 Misc 3d 1218(A), 2018 NY Slip Op 50142(U).]