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Fenisia Garage Corp. v. Exxon Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 494 (N.Y. App. Div. 2002)

Opinion

2001-01211

Argued March 1, 2002.

March 18, 2002.

In an action to compel the determination of claims to real property pursuant to RPAPL article 15, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated December 15, 2000, which, inter alia, granted the defendant's motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the complaint.

Bruno, Gerbino Macchia, LLP, Melville, N.Y. (James T. Ehrhardt of counsel), for appellant.

Harriton Furrer, Tarrytown, N.Y. (Urs Broderick Furrer of counsel), for respondent.

Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with costs.

It is well settled that a party seeking to acquire title by adverse possession must establish, by clear and convincing evidence, that the possession of the parcel was hostile, under a claim of right, actual, open, notorious, and exclusive, and continuous for a period of 10 years or more (see, Brand v. Prince, 35 N.Y.2d 634; Halley v. Winnicki, 255 A.D.2d 489; Manhattan School of Music v. Solow, 175 A.D.2d 106; CPLR 212[a]). The plaintiff failed to establish these elements by clear and convincing evidence. Thus, its claim of adverse possession must fail.

S. MILLER, J.P., KRAUSMAN, H. MILLER and ADAMS, JJ., concur.


Summaries of

Fenisia Garage Corp. v. Exxon Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 494 (N.Y. App. Div. 2002)
Case details for

Fenisia Garage Corp. v. Exxon Corp.

Case Details

Full title:FENISIA GARAGE CORPORATION, ETC., appellant, v. EXXON CORPORATION, ETC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 2002

Citations

292 A.D.2d 494 (N.Y. App. Div. 2002)
739 N.Y.S.2d 274

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