Bruenner v. Clapp

Appellate Division of the Supreme Court of New York

Bruenner v. Clapp

18 A.D.3d 411, 793 N.Y.S.2d 774

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2005

StatusPublished

This text of 18 A.D.3d 411 (Bruenner v. Clapp) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bruenner v. Clapp, 18 A.D.3d 411, 793 N.Y.S.2d 774 (N.Y. Ct. App. 2005).

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Opinion

— In an action to compel the determination of a claim to real property pursuant to RPAFL article 15, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County (O’Connell, J.), entered September 5, 2003, as, after a nonjury trial, dismissed her counterclaim seeking title to certain real property by adverse possession.

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

The Supreme Court properly dismissed the defendant’s counterclaim since the evidence presented at trial failed to establish that she obtained title by adverse possession to the real property at issue (see RPAPL 522; Giannone v Trotwood Corp., 266 AD2d 430, 431 [1999]; cf. Ray v Beacon Hudson Mtn. Corp., 88 NY2d 154 [1996]). H. Miller, J.P., Ritter, Goldstein and Crane, JJ., concur.

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— In an action to compel the determination of a claim to real property pursuant to RPAFL article 15, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County (O’Connell, J.), entered September 5, 2003, as, after a nonjury trial, dismissed her counterclaim seeking title to certain real property by adverse possession.

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

The Supreme Court properly dismissed the defendant’s counterclaim since the evidence presented at trial failed to establish that she obtained title by adverse possession to the real property at issue (see RPAPL 522; Giannone v Trotwood Corp., 266 AD2d 430, 431 [1999]; cf. Ray v Beacon Hudson Mtn. Corp., 88 NY2d 154 [1996]). H. Miller, J.P., Ritter, Goldstein and Crane, JJ., concur.

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Bluebook (online)

18 A.D.3d 411, 793 N.Y.S.2d 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruenner-v-clapp-nyappdiv-2005.

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