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Speziale v. Grabeklis

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 2003
303 A.D.2d 746 (N.Y. App. Div. 2003)

Opinion


303 A.D.2d 746 758 N.Y.S.2d 106 Victor D. Speziale et al., Respondents, v. Danielle Grabeklis, Appellants. Supreme Court of New York, Second Department March 31, 2003.

        In an action pursuant to RPAPL article 15 to compel the determination of claims to real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), dated June 10, 2002, as denied their motion for summary judgment dismissing the complaint.

        OPINION

        Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

        A party seeking summary judgment "must make a prima facie showing of entitlement as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Ayotte v Gervasio, 81 N.Y.2d 1062, 1063 [1993]; see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). A prima facie showing shifts the burden to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence of a material question of fact (see Alvarez v Prospect Hosp., supra).

        A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises were either "usually cultivated or improved" or "protected by a substantial [e]nclosure" (RPAPL 522 [1], [2]). That party must also establish, by clear and convincing evidence, the common-law requirements of hostile possession, under a claim of right, which was actual, open and notorious, and exclusive, and continuous for the statutory period (see Brand v Prince, 35 N.Y.2d 634 [1974]; Manhattan School of Music v Solow, 175 A.D.2d 106 [1991]). Based on these standards, the defendants established their entitlement to judgment as a matter of law, and the plaintiffs failed to establish the existence of a material issue of fact.

        Ritter, J.P., S. Miller, H. Miller and Cozier, JJ., concur.


Summaries of

Speziale v. Grabeklis

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 2003
303 A.D.2d 746 (N.Y. App. Div. 2003)
Case details for

Speziale v. Grabeklis

Case Details

Full title:VICTOR D. SPEZIALE, ET AL., respondents, v. DANIELLE GRABEKLIS, appellants

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

Date published: Mar 31, 2003

Citations

303 A.D.2d 746 (N.Y. App. Div. 2003)
757 N.Y.S.2d 456
758 N.Y.S.2d 106

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