Legal Opinion
Walling v. Przybylo
New York Court of Appeals
Decided June 13, 2006PublishedCited by 126 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
This appeal arises from an action to quiet title by adverse possession. Because actual knowledge that another person is the title owner does not, in and of itself, defeat a claim of right by an adverse possessor, we affirm the order of the Appellate Division awarding summary judgment to plaintiffs.
Plaintiffs and defendants are owners of adjoining residential lots, 22 and 23, located in the Town of Queensbury, County of Warren, New York. The disputed portion of the land is on the northern border of lot 23.
In January 1986, plaintiffs, the Wallings, purchased…
2Cases cited7 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Van Valkenburgh v. LutzNew York Court of Appeals · 1952
- Monnot v. . MurphyNew York Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- Jaffer v. HirjiCourt of Appeals for the Second Circuit · 2018
- Becker v. MurtaghNew York Court of Appeals · 2012
- 2 North Street Corp. v. Getty Saugerties Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Hogan v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
- Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
121 more not listed; retrieve them via the Exa API.