Opinion
May 18, 1998
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is affirmed insofar as appealed, with costs.
The plaintiff and the defendant own neighboring properties in Queens. A triangular wedge of land allegedly owned by the plaintiff is cut off from the remainder of her lot by a fence that has for many years been regarded as marking the property line. The defendant claims to own the disputed wedge by adverse possession.
Contrary to the plaintiff's contentions, the Supreme Court correctly concluded that issues of fact exist as to whether the defendant's possession of the disputed parcel is hostile or permissive pursuant to an agreement by prior owners of the respective properties ( see, MAG Assocs. v. SDR Realty, 247 A.D.2d 516; Young v. Saniski, 198 A.D.2d 704).
We have reviewed the plaintiff's remaining contentions and find them to be without merit.
We note that we have not considered the arguments the defendant has improperly raised for the first time on appeal.
Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.