Gerwitz v. Gelsomin

Judgment unanimously affirmed, with costs. Memorandum: Plaintiffs reside at 317 Rita Drive, Clay, New York, property known also as Lot No. 24 of the Bellville Tract. They acquired the premises in 1957 and shortly thereafter they began to use the adjacent vacant Lot No. 25, now owned by defendant Gelsomin. At various times they have planted grass seed, flowers and shrubs on the land and used it for picnics or cookouts. In 1977 defendant Gelsomin acquired Lot No. 25. He constructed a foundation on it on which he attempted to move a house. Plaintiffs thereupon commenced this action claiming…