Legal Opinion
Guariglia v. Blima Homes, Inc.
New York Court of Appeals
Decided November 26, 1996PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiffs sought to establish legal title by adverse possession to an enclosed 10 feet by 40 feet strip of the parcel adjoining their property (acquired in 1977) on its westerly border. Defendant Blima Homes, Inc., the record holder of legal title to the entire adjoining parcel since 1984, and its predecessors in title, are presumed to have been possessed of the disputed strip, and plaintiffs’ occupancy is presumed to have been subordinate, not hostile, to legal title (RPAPL 311; City of…
2Cases cited3 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Van Gorder v. Masterplanned, Inc.New York Court of Appeals · 1991
3Cited by10 opinions
- Albright v. BeesimerAppellate Division of the Supreme Court of the State of New York · 2001
- Walling v. PrzybyloAppellate Division of the Supreme Court of the State of New York · 2005
- Shults v. GearyAppellate Division of the Supreme Court of the State of New York · 1997
- Larsen v. HansonAppellate Division of the Supreme Court of the State of New York · 2009
- Silipigno v. F.R. Smith & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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