Monthie v. Boyle Road Associates, L. L. C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
On this appeal we are asked to determine if the Supreme Court properly concluded that the plaintiffs raised a triable issue of fact as to whether the real property to which they sought title through adverse possession had been held by the Comsewoque School District (hereinafter the School District) in a proprietary capacity, thereby allowing the plaintiffs to claim title by adverse possession.
HISTORY AND FACTUAL REVIEW
The School District acquired title in fee simple to a parcel of land consisting of 48 acres situated in the Town of Brookhaven, Suffolk County,…
2Cases cited8 opinions
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Casini v. Sea Gate Ass'nAppellate Division of the Supreme Court of the State of New York · 1999
- Town of North Hempstead v. BonnerAppellate Division of the Supreme Court of the State of New York · 1980
- Matter of City of New York (Glantz)New York Court of Appeals · 1982
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