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Serafin Props. v. Amore Enters. Inc.

Court Declares Plaintiff Does Not Have Prescriptive Easement in Defendant's Property

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*1 Plaintiff, Serafin Properties, LLC (“Serafin”), commenced this action on November 14, 2014, seeking, inter alia, a prescriptive easement in a portion of Defendant, Amore Enterprise, Inc.’s, (“Amore Enterprise”) abutting real property. The non-jury trial of this matter proceeded on November 6, 9, and 13, 2017. The Court heard testimony from nine (9) witnesses and admitted seventy-eight (78) exhibits into evidence.Pursuant to CPLR 4213(a), the parties submitted their respective proposed findings of fact, as well as post-trial memoranda of law.Prior to trial, both parties applied, pursuant to CPLR §3212, for summary judgment; Defendant having made the initial application and Plaintiff having cross-moved. The Court issued a detailed Decision and Order, dated September 5, 2017 (the “Decision and Order”).In the Decision and Order, the Court found the following facts to be undisputed:Plaintiff owns commercial real property located at 4388 Broadway, in the Village of Depew, New York (“Plaintiff’s Property”) (Decision and Order, pp. 1 and 2).Defendant owns commercial real property at 4396 Broadway, in the Village of Depew, New York (“Defendant’s Property”) (Id., at p. 2).The parties’ respective properties abut each other, and are located in a small industrial park consisting of four (4) commercial parcels; that is, their respective properties and two (2) others that are owned by non-parties (the “Industrial Park”) (Id.).Plaintiff purchased Plaintiff’s Property on January 1, 2007 from its affiliate, QMC Technologies, Inc. (“QMC”) (Id.).Defendant purchased Defendant’s Property in June 1997 (Id.).The properties’ respective boundaries are not in dispute (Id.).

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