RAY v. BEACON HUDSON MTN CORP


88 N.Y.2d 154 (1996)

666 N.E.2d 532

643 N.Y.S.2d 939

Robert L. Ray et al., Appellants, v. Beacon Hudson Mountain Corporation et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 30, 1996.


Attorney(s) appearing for the Case

Robert W. Ray, Brooklyn, Russell W. Ray and Sale, Groothuis & Hirsch, Hempstead, for appellants.

Frankel & Abrams, New York City (Stuart E. Abrams and Al J. Daniel, Jr., of counsel), for Beacon Hudson Mountain Corporation, respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

In determining whether the common-law requirement of "continuity of possession" has been met in an adverse possession claim to an estate in land, a court should consider not only the adverse possessor's physical presence on the land but also the claimant's other acts of dominion and control over the premises that would appropriately be undertaken by owners of properties of similar character, condition...

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