Legal Opinion
Mahar v. Larkin
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992Published
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: We reject plaintiff’s contention that Supreme Court erroneously found that defendants had adversely possessed the concrete slab. The court’s findings of fact, which are fully supported by the record, established that defendants’ possession of the concrete slab, used as a boat launch, was hostile and under claim of right, actual, open and notorious, exclusive and continuous for the statutory period (see, Belotti v Bickhardt, 228 NY 296, 302; Doherty v Matsell, 119 NY 646; City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118, 120;…
2Cases cited5 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Archibald v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- Chavoustie v. Stone Street Baptist Church of ChaumontAppellate Division of the Supreme Court of the State of New York · 1991