Adam Leitman Bailey, P.C. Obtains Disposal of Claim to an Easement on Contradictory Grounds on Pre-answer Motion to Dismiss
It is difficult to dispose of an action on a pre-answer motion to dismiss a complaint but Adam Leitman Bailey, P.C. recently obtained this victory for its client in a case where an adjoining entity, a nursing home, claimed that it had an easement over the client’s property to park its visitors’ cars.
The problem with the nursing home’s claim, as detailed in Adam Leitman Bailey, P.C.’s papers, was that its complaint simultaneously alleged that it either had an easement by implication or by prescription but failed to set forth sufficient facts to support either contention.
Adam Leitman Bailey, P.C. also demonstrated that the nursing home had more than sufficient parking on its own property and that any prior use of the disputed space was the product of its client being a good neighbor.
Adam Leitman Bailey and Jeffrey R. Metz represented the owner of the lot over the disputed space.