McCosker v. Rollie Estates, Inc.

In an action pursuant to article 15 of the Real Property Law to determine plaintiff’s claim to a strip of real property 50 feet wide and about 489 feet long, to which she claimed title by adverse possession, the defendant interposed a counterclaim pursuant to article 15 of the Real Property Law (1st counterclaim) and to recover damages alleged to have been incurred because of plaintiff’s claim to the property (2d counterclaim). After trial without a jury, the court held that plaintiff had proved adverse possession for 11 years, but not for the 15 years required by section 35 of the Civil…