Falco v. Pollitts

Appeal from that part of a judgment of Supreme Court, Onondaga County (Major, J.), entered May 2, 2001, that awarded defendant after a nonjury trial title to real property described as Parcel B.

It is hereby ordered that the judgment insofar as appealed from be and the same hereby is unanimously reversed on the law with costs and plaintiff is awarded unencumbered title in fee in accordance with the following Memorandum: Plaintiff commenced this action to determine title to an approximately 40-foot by 17-foot parcel of land located between plaintiffs residence and defendant’s residence. After…