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Corsun v. Ferebee

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 2003
304 A.D.2d 517 (N.Y. App. Div. 2003)

Opinion

2002-08125

Submitted March 20, 2003.

April 7, 2003.

In an action, inter alia, to establish title to certain real property by adverse possession or for a judgment declaring that the plaintiffs have a prescriptive easement over the property, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Barone, J.), entered August 20, 2002, as declared that the plaintiffs had acquired title by adverse possession to a portion of the property.

Delbello, Donnellan, Weingarten, Tartaglia, Wise Wiederkehr, LLP, White Plains, N.Y. (Lee S. Wiederkehr and William E. Dumke of counsel), for appellants.

Christopher Riley, White Plains, N.Y. for respondents.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court properly determined that the plaintiffs had acquired a strip of macadam situated on the defendant's property by reason of adverse possession. The strip stretched for 10 feet, varying in width from 26" to 12" and was appended to the edge of a driveway to which the plaintiffs have an undisputed right (see Birkholz v. Wells, 272 A.D.2d 665; Palazzolo v. Malba Estates, 118 A.D.2d 841).

S. MILLER, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.


Summaries of

Corsun v. Ferebee

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 2003
304 A.D.2d 517 (N.Y. App. Div. 2003)
Case details for

Corsun v. Ferebee

Case Details

Full title:STEVEN CORSUN, ET AL., respondents, v. JOHN FEREBEE, ET AL., appellants

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

Date published: Apr 7, 2003

Citations

304 A.D.2d 517 (N.Y. App. Div. 2003)
756 N.Y.S.2d 878