Legal Opinion
Starner Tree Service Co. v. City of New Rochelle
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In an action to acquire title to real property by adverse possession, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 25, 1999, which, inter alia, denied its motion to dismiss the complaint.
Ordered that the order is affirmed, with costs.
To acquire title to real property by adverse possession, the possessor must establish that the character of the possession is “ ‘hostile and under a claim of right, actual, open and notorious, exclusive and continuous’ * * * for the statutory period of 10 years” (Ray v Beacon Hudson Mtn. Corp., 88…
2Cases cited8 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
- Barnes v. . LightNew York Court of Appeals · 1889
- Long Island Land Research Bureau, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1954
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Monthie v. Boyle Road Associates, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Mazzoni v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 2009
- Schwarz v. Trustees of Freeholders & CommonaltyAppellate Division of the Supreme Court of the State of New York · 2011
- Ammirati v. Van WicklenNew York Supreme Court · 2007
- Mazzei v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2018