Beizer v. Schwartzben

In an action, inter alia, for a judgment declaring that the plaintiff has acquired certain real property by adverse possession, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered December 5, 2003, which, upon an order of the same court dated September 18, 2003, among other things, granting that branch of the defendants’ motion which was pursuant to CPLR 3126 to strike the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court providently exercised its…