Opinion
2001-09359
Argued May 23, 2002.
June 25, 2002.
In an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered September 27, 2001, which denied their motion for summary judgment dismissing the defendant's answer and counterclaim.
Jack M. Platt, New York, N.Y. (Neal R. Platt of counsel), for appellants.
Dollinger, Gonski Grossman, Carle Place, N.Y. (Michael J. Spithogiannis of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
In response to the plaintiffs' prima facie showing of entitlement to judgment as a matter of law, the defendant demonstrated the existence of material issues of fact in support of her claim of adverse possession (see Zuckerman v. City of New York, 49 N.Y.2d 557), including whether she "cultivated or improved" the disputed parcel, or if it was "protected by a substantial inclosure" (RPAPL 522), and whether a rational jury could find by clear and convincing evidence that her possession of the parcel was hostile, under a claim of right, actual, open, notorious, exclusive, and continuous for the requisite statutory period (see Katona v. Low, 226 A.D.2d 433).
FLORIO, J.P., SMITH, FRIEDMANN and H. MILLER, JJ., concur.