Dismissal of the complaint on the grounds of vague, conclusory and unsubstantiated allegations was warranted ( see Gordon v. Dino De Laurentiis Corp., 141 AD2d 435). "[M]ere occupancy for an extended period of years coupled with open conduct consistent with ownership, but absent an initial claim of right," may not ripen into ownership by adverse possession ( see Joseph v. Whitcombe, 279 AD2d 122, 124). Defendants demonstrated that plaintiffs did not enter into occupancy of the lot under claim of right. Plaintiffs' claim of a prescriptive easement was also properly dismissed. While entry under a claim of right for a prescriptive easement might be presumed, the presumption herein was defeated. The claimed prescriptive right to use the lot as a community garden would constitute a taking inconsistent with an easement ( see Di Leo v. Pecksto Holding Corp., 304 NY 505, 512).
We have considered plaintiffs' remaining arguments and find them without merit.