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82 WILLIS AVE. CORP. v. STATE

181 A.D.2d 545 (1992)

82 Willis Avenue Corp. et al., Appellants, v. State of New York, Respondent. (Claim No. 72005.)

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

March 19, 1992

A review of the record demonstrates that claimants have failed to prove, by clear and convincing evidence, that they adversely possessed the disputed property (see, Rusoff v Engel, 89 A.D.2d 587). Indeed, claimants have not established the five elements necessary to prove adverse possession, i.e., the possession must be hostile and under a claim of right, actual, open and notorious, exclusive, and continuous for the statutory...

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