Legal Opinion
Downes v. Peluso
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1985PublishedCited by 13 opinions
1Opinion of the Court
In an action, inter alia, to determine title to certain property, plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated October 19, 1984, which, inter alia, granted defendant’s motion to dismiss the complaint.
Order affirmed, with costs.
Special Term properly dismissed this action brought under RPAPL article 15 as barred by the 10-year Statute of Limitations (see, CPLR 212 [a]). A person claiming title to real property, but not in possession thereof, must act, affirmatively and within the time provided by statute (Orange & Rockland Utilities v Philwold Estates,…
2Cases cited5 opinions
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Citibank v. SuthersAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by13 opinions
- Piedra v. VanoverAppellate Division of the Supreme Court of the State of New York · 1992
- Robins Island Preservation Fund, Inc. v. Southold Development CorporationCourt of Appeals for the Second Circuit · 1992
- Dore v. WormleyDistrict Court, S.D. New York · 2010
- Staines v. Nassau Queens Medical GroupAppellate Division of the Supreme Court of the State of New York · 1991
- Berman v. GoldenAppellate Division of the Supreme Court of the State of New York · 1987
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