Perez v. Perez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In this action between ex-spouses for partition of their former marital residence, defendant husband’s claim of sole title to the property by adverse possession prevailed at trial. On a prior appeal from the denial of summary judgment to either party, we held that there was "a sharp issue of fact as to whether [the husband’s] possession was hostile and under a claim of right” (Perez v Perez, 186 AD2d 376).
In 1965, some three years into their marriage, the parties acquired the property in question as tenants by the entirety. Upon their divorce in 1976, joint ownership of the property was…
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