Opinion
December 2, 1985
Appeal from the Supreme Court, Queens County (Hyman, J.).
Order affirmed, with costs.
Special Term properly dismissed this action brought under RPAPL article 15 as barred by the 10-year Statute of Limitations (see, CPLR 212 [a]). A person claiming title to real property, but not in possession thereof, must act, affirmatively and within the time provided by statute (Orange Rockland Utilities v Philwold Estates, 52 N.Y.2d 253; Ford v Clendenin, 215 N.Y. 10). Plaintiff never alleged, nor has she established, her possession of the real property in issue. Special Term properly exercised its discretion in denying her leave to amend her complaint as, under any conceivable recitation of the facts, she could not satisfy the requirement of possession (see, Sharapata v Town of Islip, 82 A.D.2d 350, affd 56 N.Y.2d 332; Citibank v Suthers, 68 A.D.2d 790). Gibbons, J.P., Bracken, Kunzeman and Kooper, JJ., concur.