Rusoff v. Engel

In an action by plaintiffs, inter alia, to be declared the owners of certain property as a consequence of their adverse possession of the property, in which appellants counterclaimed for ejectment, the appeal is from a judgment of the Supreme Court, Westchester County (Slifein, J.), dated July 22, 1981, which, after a nonjury trial, was in favor of the plaintiffs and dismissed the counterclaim. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Trial Term determined that the elements of adverse possession had been established by a preponderance of the…