Samter v. Maggiore

In an action pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Franco, J.), dated November 21, 2002, as denied their motion for summary judgment, and the defendants cross-appeal from so much of the same order as denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

A party seeking to obtain title to real property by adverse possession on a claim not based upon a written instrument must…