1380 Madison Avenue, L.L.C. v 17 East Owners Corp.

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1380 Madison Ave., L.L.C. v 17 E. Owners Corp. 2004 NY Slip Op 07909 [12 AD3d 156] November 4, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2005

1380 Madison Avenue, L.L.C., Respondent,
v
17 East Owners Corp., Appellant.

—[*1]

Order, Supreme Court, New York County (Herman Cahn, J.), entered October 15, 2003, which granted plaintiff's motion for partial summary judgment on its claims for declaratory and injunctive relief, unanimously affirmed, without costs.

Defendant failed to establish adverse possession and/or prescriptive easement by reason of its air conditioning units protruding into plaintiff's air space because it was unable to demonstrate that such possession was actual, hostile or under claim of right (see Joseph v Whitcombe, 279 AD2d 122 [2001]; see also Landgray Assoc. v 450 Lexington Venture, L.P., 788 F Supp 776 [SD NY 1992]). We have considered defendant's remaining contentions and find them to be without merit. Concur—Tom, J.P., Saxe, Ellerin, Williams and Gonzalez, JJ.

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