KUSMIERZ v. HERMAN


172 A.D.2d 1056 (1991)

Eugene Kusmierz, Sr., et al., Appellants, v. Robert Herman et al., Respondents

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

April 26, 1991


Order unanimously affirmed with costs.

Memorandum:

We affirm the order essentially for the reasons stated in the decision of Supreme Court. We add only that defendants' admission in 1976 that plaintiffs owned the disputed strip of land did not necessarily destroy a matured prescriptive right (see, City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 A.D.2d 118, 123-124; New York State Elec. & Gas Corp...

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