Carbone v. Euler

Appellate Division of the Supreme Court of New York

Carbone v. Euler

282 A.D.2d 640, 723 N.Y.S.2d 678, 2001 N.Y. App. Div. LEXIS 3976

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

DecidedApril 23, 2001

StatusPublished

This text of 282 A.D.2d 640 (Carbone v. Euler) 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

Carbone v. Euler, 282 A.D.2d 640, 723 N.Y.S.2d 678, 2001 N.Y. App. Div. LEXIS 3976 (N.Y. Ct. App. 2001).

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Opinion

—In an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Dye, J.), dated March 22, 2000, as denied their motion for summary judgment.

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

The plaintiffs brought this action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, wherein, they sought to obtain title to a certain parcel by adverse possession. The Supreme Court correctly denied their motion for summary judgment. In opposition to the plaintiffs’ prima facie showing of entitlement to judgment as a matter of law, the defendants raised issues of fact warranting a trial (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Altman, J. P., Florio, Schmidt and Smith, JJ., concur.

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—In an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Dye, J.), dated March 22, 2000, as denied their motion for summary judgment.

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

The plaintiffs brought this action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, wherein, they sought to obtain title to a certain parcel by adverse possession. The Supreme Court correctly denied their motion for summary judgment. In opposition to the plaintiffs’ prima facie showing of entitlement to judgment as a matter of law, the defendants raised issues of fact warranting a trial (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Altman, J. P., Florio, Schmidt and Smith, JJ., concur.

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Bluebook (online)

282 A.D.2d 640, 723 N.Y.S.2d 678, 2001 N.Y. App. Div. LEXIS 3976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carbone-v-euler-nyappdiv-2001.

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