Legal Opinion

Markowski v. Ferrari

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

Decided June 6, 1991PublishedCited by 5 opinions

1Opinion of the Court

—Mikoll, J.

Appeal from a judgment of the Supreme Court (Connor, J.), entered November 13, 1989 in Columbia County, which, in an action pursuant to RPAPL 871, inter alia, determined that defendants have full and exclusive possession of certain real property in the Town of Copake.

This appeal presents the question of whether Supreme Court properly used the alternate theory of acquiescence in a certain boundary line by the owners and others over a period of years (in this case over 10 years) to resolve a boundary line dispute. In our view Supreme Court’s use of the theory was proper. The judgment…

2Cases cited5 opinions

  1. Allen v. CrossAppellate Division of the Supreme Court of the State of New York · 1978
  2. Thomas v. BrownAppellate Division of the Supreme Court of the State of New York · 1988
  3. Pauquette v. RayAppellate Division of the Supreme Court of the State of New York · 1977
  4. Sarfaty v. EvangelistAppellate Division of the Supreme Court of the State of New York · 1988
  5. Fisher v. MacVeanAppellate Division of the Supreme Court of the State of New York · 1966

3Cited by5 opinions

  1. Hazen v. HazenAppellate Division of the Supreme Court of the State of New York · 2006
  2. Gibbs v. PorathAppellate Division of the Supreme Court of the State of New York · 2014
  3. Smullens v. Mac VeanAppellate Division of the Supreme Court of the State of New York · 1994
  4. Gibbs v. PorathAppellate Division of the Supreme Court of the State of New York · 2014
  5. GibbsvPorathAppellate Division of the Supreme Court of the State of New York · 2014

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