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RUSOFF v. ENGEL

89 A.D.2d 587 (1982)

Jerome H. Rusoff et al., Respondents, v. Leroy Engel et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 12, 1982

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

Trial Term determined that the elements of adverse possession had been established by a preponderance of the evidence. Adverse possession must be established by the more stringent and demanding standard of clear and convincing proof (Van Valkenburgh v Lutz, 304 N.Y. 95; Gerwitz v Gelsomin, 69 A.D.2d 992

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