Legal Opinion
Parsons v. Hollingsworth
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1999PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: In this action pursuant to RPAPL article 15, defendant appeals from a judgment following a bench trial awarding plaintiffs title to a strip of land between their property line and a fence that was on defendant’s property when defendant purchased the property. Contrary to defendant’s contention, plaintiffs established by clear and convincing evidence that their possession of the land up to the fence for a period of 10 years was “hostile and under claim of right, actual, open and notorious, exclusive and continuous” (Brand v Prince, 35…
2Cases cited7 opinions
- Brand v. PrinceNew York Court of Appeals · 1974
- Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Katona v. LowAppellate Division of the Supreme Court of the State of New York · 1996
- Pickett v. WhippleAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by5 opinions
- Gore v. CambareriAppellate Division of the Supreme Court of the State of New York · 2003
- Hammond v. BakerAppellate Division of the Supreme Court of the State of New York · 2011
- West v. HoganAppellate Division of the Supreme Court of the State of New York · 2011
- HAMMOND, DAVID v. BAKER, GORDONAppellate Division of the Supreme Court of the State of New York · 2011
- WEST, RICKY D. v. HOGAN, MARKAppellate Division of the Supreme Court of the State of New York · 2011