In Casey v. Bazan, 253 A.D.2d 838 [2nd Dept. 1998], the tenant was asserting the easement and it was the owner who was trying to defeat it, whereas here, the owner is asserting the easement and the tenant is trying to defeat it. The court notes that there is no reason not to apply the same principle asserted in Casey to the owner's need for an easement in this action. All of these elements were satisfied by the co-op and Saxon has not offered any evidence to show that the use was permissive.