Legal Opinion

Fenisia Garage Corp. v. Exxon Corp.

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

Decided March 18, 2002PublishedCited by 2 opinions

1Opinion of the Court

In an action to compel the determination of claims to real property pursuant to RPAPL article 15, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated December 15, 2000, which, inter alia, granted the defendant’s motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

It is well settled that a party seeking to acquire title by adverse possession must establish, by clear and convincing evidence, that the possession of the parcel was hostile,…

2Cases cited3 opinions

  1. Brand v. PrinceNew York Court of Appeals · 1974
  2. Manhattan School of Music v. SolowAppellate Division of the Supreme Court of the State of New York · 1991
  3. Halley v. WinnickiAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Roland v. AjamianAppellate Division of the Supreme Court of the State of New York · 2005
  2. Arm v. 2148 Ocean Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2006

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