Trevisano v. Giordano

Order unanimously affirmed without costs. Memorandum: Defendants presented evidence sufficient to demonstrate that, at the death of plaintiffs grandparents in 1949 or 1950, title to the premises vested in their children as tenants in common (see, Kraker v Roll, 100 AD2d 424, 429). It is presumed that the exclusive possession of a co-tenant is not adverse to the other tenants. Exclusive possession alone is not the equivalent of an ouster (see, Perkins v Volpe, 146 AD2d 617, lv dismissed 74 NY2d 791). Although plaintiffs parents remained in possession in excess of 10 years, the expiration of…