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Guthartz v. Berde

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 570 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

In an action, inter alia, for a judgment declaring that the Plaintiff's are the lawful owners, by adverse possession, of a certain parcel of real property, the Plaintiff's appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Lama, J.), entered August 14, 1995, as, upon a jury verdict in favor of the defendants Dennis Berde and Virginia Berde, dismissed the complaint insofar as asserted against them.

Before: Ritter, J. P., Pizzuto, Altman and Krausman, JJ.


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

Contrary to the Plaintiffs' contention, the verdict in favor of the defendants Dennis Berde and Virginia Berde was not against the weight of the evidence, as the jury's determination was supported by a fair interpretation of the evidence presented ( see, Lolik v Big V Supermarkets, 86 NY2d 744, 746; McGinnis v 52 Assn. for Handicapped, 232 AD2d 534).

The Plaintiffs' remaining contentions are unpreserved for appellate review.


Summaries of

Guthartz v. Berde

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 570 (N.Y. App. Div. 1997)
Case details for

Guthartz v. Berde

Case Details

Full title:MARVIN GUTHARTZ et al., Appellants, v. DENNIS BERDE et al., Respondents…

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

Date published: Mar 31, 1997

Citations

237 A.D.2d 570 (N.Y. App. Div. 1997)
655 N.Y.S.2d 997