Berry v. Southard

In an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 18, 2003, which, among other things, granted that branch of the defendant’s cross motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, without costs or disbursements.

A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises were…