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Mahar v. Larkin

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1100 (N.Y. App. Div. 1992)

Opinion

April 24, 1992

Appeal from the Supreme Court, Jefferson County, Gilbert, J.

Present — Denman, P.J., Green, Pine, Balio and Fallon, JJ.


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 N.Y. 296, 302; Doherty v Matsell, 119 N.Y. 646; City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 A.D.2d 118, 120; see also, Chavoustie v Stone St. Baptist Church, 171 A.D.2d 1055).

We also reject plaintiff's contention that defendants' claim was barred because plaintiff had paid real property taxes on the disputed property (see, Consolidated Ice Co. v Mayor of City of N Y, 166 N.Y. 92, 101; see also, Archibald v New York Cent. Hudson Riv. R.R. Co., 157 N.Y. 574, 583).


Summaries of

Mahar v. Larkin

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1100 (N.Y. App. Div. 1992)
Case details for

Mahar v. Larkin

Case Details

Full title:JOSEPH MAHAR, Appellant, v. WILLIAM LARKIN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 24, 1992

Citations

182 A.D.2d 1100 (N.Y. App. Div. 1992)