Legal Opinion
Joseph v. Whitcombe
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 2001PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
This case involves application of the common law of adverse possession. Defendants husband and wife claim to have adversely possessed the premises at 98 Ditmars Street in the City Island part of the Bronx, since 1982. This is a small bungalow-type structure near a waterfront location. Defendant Mark Whitcombe had been a City Island resident since about 1956 and was familiar with Ditmars Street since he had been a child. By 1982, Whitcombe, who was having difficulty with a landlord, noticed that the house on 98 Ditmars Street appeared to be empty and overgrown and…
2Cases cited5 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Brand v. PrinceNew York Court of Appeals · 1974
- Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
- Claim of Figelman v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1999
- Nazarian v. PascaleAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by20 opinions
- Hopkins v. Foothill Mountain, Inc. (In Re Hopkins)United States Bankruptcy Court, E.D. New York · 2006
- Harbor Estates Ltd. Partnership v. MayAppellate Division of the Supreme Court of the State of New York · 2002
- Walling v. PrzybyloAppellate Division of the Supreme Court of the State of New York · 2005
- Penn Heights Beach Club, Inc. v. MyersAppellate Division of the Supreme Court of the State of New York · 2007
- Oak Ponds, LLC v. WillumsenAppellate Division of the Supreme Court of the State of New York · 2002
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