Home/New York Court of Appeals/Van Gorder v. Masterplanned, Inc.

Van Gorder v. Masterplanned, Inc.

78 N.Y.2d 1106
CourtNew York Court of Appeals
DecidedNovember 25, 1991
StatusPublished
Cited by27 cases

This text of 78 N.Y.2d 1106 (Van Gorder v. Masterplanned, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Gorder v. Masterplanned, Inc., 78 N.Y.2d 1106 (N.Y. 1991).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiffs’ motion for summary judgment denied.

Inasmuch as a triable issue of fact exists as to whether plaintiffs, who claim to have acquired title to defendant’s property by adverse possession, acknowledged during the stat[1108]*1108utory 10-year period that actual ownership of the property rested with defendant, summary judgment should not have been awarded to plaintiffs. Such a concession, if found by the trier of fact to exist, would negate an essential element of plaintiffs’ adverse possession claim, namely, that they continued to possess the property under a claim of right throughout the statutory period (see, City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118, 123; see also, Van Valkenburgh v Lutz, 304 NY 95, 99).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.

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Bluebook (online)
78 N.Y.2d 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-gorder-v-masterplanned-inc-ny-1991.