GORDER v. MASTERPLANNED, INC.


78 N.Y.2d 1106 (1991)

Anita Van Gorder et al., Respondents, v. Masterplanned, Incorporated, Formerly Known as Muttontown Holding Corp., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 25, 1991.


Attorney(s) appearing for the Case

Elliot Paskoff, Avrom E. Greenberg and Francis J. Hearn, Jr., for appellant.

Jerry A. Weiss for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


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 statutory 10-year period that actual ownership of the property rested...

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