Franza v. Olin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Peradotto, J.
By a “petition for declaratory judgment” pursuant to CPLR 3001, petitioner (hereafter, plaintiff) sought, inter alia, a declaration “that she has acquired title” to specified property surrounding her home based on adverse possession pursuant to RPAPL article 5, and she now appeals from a judgment declaring that she does not have such title. For the reasons that follow, we conclude that the application of the amendments to RPAPL article 5 (L 2008, ch 269, §§ 5, 8) to plaintiff is unconstitutional and thus that Supreme Court erred in applying those amendments to…
2Cases cited16 opinions
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Pritchard v. NortonSupreme Court of the United States · 1882
- Walling v. PrzybyloNew York Court of Appeals · 2006
- Hodes v. AxelrodNew York Court of Appeals · 1987
- Alliance of American Insurers v. ChuNew York Court of Appeals · 1991
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- Wilcox v. McLeanAppellate Division of the Supreme Court of the State of New York · 2011
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