Ryan v. Dowicz

Appellate Division of the Supreme Court of New York

Ryan v. Dowicz

306 A.D.2d 396, 761 N.Y.S.2d 286, 2003 N.Y. App. Div. LEXIS 7120

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

DecidedJune 16, 2003

StatusPublished

Cited by6 cases

This text of 306 A.D.2d 396 (Ryan v. Dowicz) 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

Ryan v. Dowicz, 306 A.D.2d 396, 761 N.Y.S.2d 286, 2003 N.Y. App. Div. LEXIS 7120 (N.Y. Ct. App. 2003).

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Opinion

—In an action to compel the determination of claims to real property pursuant to RPAPL article 15, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered June 27, 2002, as granted the plaintiffs’ motion for a preliminary injunction.

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

The plaintiffs demonstrated that they are likely to prove that they actually possessed the disputed parcel, and that the possession was open and notorious, exclusive, continuous, hostile, and under a claim of right for the statutory period (see RPAPL 521; Belotti v Bickhardt, 228 NY 296 [1920]; Birnbaum v Brody, 156 AD2d 408, 409 [1989]). The plaintiffs fiirther demonstrated that the equities favor them and that irreparable harm would result absent the issuance of a preliminary injunction (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; cf. Grant Co. v Srogi, 52 NY2d 496, 517 [1981]). Accordingly, the plaintiffs’ motion for a preliminary injunction was properly granted. Smith, J.P., S. Miller, Crane and Cozier, JJ., concur.

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—In an action to compel the determination of claims to real property pursuant to RPAPL article 15, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered June 27, 2002, as granted the plaintiffs’ motion for a preliminary injunction.

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

The plaintiffs demonstrated that they are likely to prove that they actually possessed the disputed parcel, and that the possession was open and notorious, exclusive, continuous, hostile, and under a claim of right for the statutory period (see RPAPL 521; Belotti v Bickhardt, 228 NY 296 [1920]; Birnbaum v Brody, 156 AD2d 408, 409 [1989]). The plaintiffs fiirther demonstrated that the equities favor them and that irreparable harm would result absent the issuance of a preliminary injunction (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; cf. Grant Co. v Srogi, 52 NY2d 496, 517 [1981]). Accordingly, the plaintiffs’ motion for a preliminary injunction was properly granted. Smith, J.P., S. Miller, Crane and Cozier, JJ., concur.

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Bluebook (online)

306 A.D.2d 396, 761 N.Y.S.2d 286, 2003 N.Y. App. Div. LEXIS 7120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-dowicz-nyappdiv-2003.

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