Shorehaven Property, Inc. v. McGrath

Appellate Division of the Supreme Court of New York

Shorehaven Property, Inc. v. McGrath

251 A.D.2d 261, 675 N.Y.S.2d 528, 1998 N.Y. App. Div. LEXIS 7795

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

DecidedJune 30, 1998

StatusPublished

This text of 251 A.D.2d 261 (Shorehaven Property, Inc. v. McGrath) 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

Shorehaven Property, Inc. v. McGrath, 251 A.D.2d 261, 675 N.Y.S.2d 528, 1998 N.Y. App. Div. LEXIS 7795 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered October 20, 1997, which denied plaintiffs motion for summary judgment on its cause of action for ejectment, and denied defendants’ cross motion for summary judgment on their counterclaim for title by adverse possession, unanimously affirmed, without costs.

An issue of fact exists as to whether defendants’ use of and improvements to the land show actual continued occupation under a claim of right within the meaning of RPAPL 521 (see, City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118, 122-123, appeal dismissed 58 NY2d 824). Concur — Milonas, J. P., Rosenberger, Nardelli, Wallach and Rubin, JJ.

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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered October 20, 1997, which denied plaintiffs motion for summary judgment on its cause of action for ejectment, and denied defendants’ cross motion for summary judgment on their counterclaim for title by adverse possession, unanimously affirmed, without costs.

An issue of fact exists as to whether defendants’ use of and improvements to the land show actual continued occupation under a claim of right within the meaning of RPAPL 521 (see, City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118, 122-123, appeal dismissed 58 NY2d 824). Concur — Milonas, J. P., Rosenberger, Nardelli, Wallach and Rubin, JJ.

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Bluebook (online)

251 A.D.2d 261, 675 N.Y.S.2d 528, 1998 N.Y. App. Div. LEXIS 7795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shorehaven-property-inc-v-mcgrath-nyappdiv-1998.

Opinion

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