Simpson v. Chien Yuan Kao

Full title: ABBY R. SIMPSON, Respondent, v. CHIEN YUAN KAO et al., Appellants

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

Date published: Dec 29, 1995

222 A.D.2d 666 (N.Y. App. Div. 1995)

636 N.Y.S.2d 70

Opinion

December 29, 1995

Appeal from the Supreme Court, Westchester County (Gurahian, J.).

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The proof that the defendants planted and cultivated a few trees on the plaintiff's property near the boundary line between their property and the plaintiff's property is insufficient to establish adverse possession by usually cultivating or improving the property in dispute (see, RPAPL 522; Van Valkenburgh v Lutz, 304 N.Y. 95; City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 A.D.2d 118). Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.