Perez v. Perez

— Order, Supreme Court, Bronx County (Anita Florio, J.), entered September 12, 1991, which denied plaintiff’s motion for summary judgment dismissing defendant’s answer, counterclaims, and for an order of reference, and denied defendant’s cross-motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to establish adverse possession of the parties’ former marital property by clear and convincing proof (Rusoff v Engel, 89 AD2d 587). While it appears that defendant actually occupied the property in an open, notorious, exclusive and continuous manner for a period in excess…