Smith v. Antonik

Full title: ROBERT SMITH et al., Appellants, v. JOSEPH ANTONIK et al., Respondents

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

Date published: Dec 7, 1992

188 A.D.2d 457 (N.Y. App. Div. 1992)

Opinion

December 7, 1992

Appeal from the Supreme Court, Nassau County (O'Brien, J.).

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

The affidavits submitted in opposition to the plaintiffs' motion were sufficient to raise triable issues of fact with respect to the plaintiffs' claim of ownership by adverse possession. Thus, the plaintiffs' motion for summary judgment was properly denied (see, Zuckerman v City of New York, 49 N.Y.2d 557).

We have considered the plaintiffs' remaining contention and find that it is without merit. Bracken, J.P., Sullivan, Copertino and Santucci, JJ., concur.