Incorporated Village of Island Park v. Island Park-Long Beach, Inc.

In an action brought, as appellant claims, under article 15 of the Real Property Law, the amended complaint was dismissed as to respondent on the latter’s motion under subdivision 6 of rule 107 of the Rules of Civil Practice, on the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. Order unanimously affirmed, with $10 costs and disbursements. Appellant may recover only through a judgment reforming the deed of dedication. Therefore, the action cannot be maintained unless brought within ten years after the right of action…