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PEREZ v. PEREZ

186 A.D.2d 376 (1992)

Rosa Perez, Also Known as Rosa E. Galan, Respondent-Appellant, v. Eliud Perez, Appellant-Respondent, et al., Defendants

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

October 6, 1992

Defendant failed to establish adverse possession of the parties' former marital property by clear and convincing proof (Rusoff v Engel, 89 A.D.2d 587). While it appears that defendant actually occupied the property in an open, notorious, exclusive and continuous manner for a period in excess of ten years, there is a sharp issue of fact as to whether his possession was hostile and under a claim of right (see, Brand v Prince...

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