Legal Opinion

U.S. Bank National Ass'n v. Mayala

Appellate Division of the Supreme Court of the State of New York

Decided August 23, 2011Published

1Opinion of the Court

*692Contrary to the appellants’ contention, in opposition to the respondents’ prima facie showing in both action No. 1 and action No. 2 that they are and have been the owners of a two-thirds interest in the subject real property since September 1991, the appellants, in their respective opposition papers, failed to raise a triable issue of fact as to the affirmative defenses of adverse possession (see RPAPL 541; Myers v Bartholomew, 91 NY2d 630, 633-635 [1998]; Culver v Rhodes, 87 NY 348, 355 [1882]; Perez v Perez, 228 AD2d 161, 162 [1996]; Perkins v Volpe, 146 AD2d 617, 617-618 [1989]; Knowlton…

2Cases cited10 opinions

  1. Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
  2. Culver v. . RhodesNew York Court of Appeals · 1882
  3. Cruz v. CruzAppellate Division of the Supreme Court of the State of New York · 2007
  4. Myers v. BartholomewNew York Court of Appeals · 1998
  5. First National Bank v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2010

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