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TREVISANO v. GIORDANO

202 A.D.2d 1071 (1994)

609 N.Y.S.2d 122

Marie Trevisano, Individually and as Sole Distributee of The Estate of Lillian Apuzzo, Deceased, Appellant, v. Salvatore Giordano et al., Respondents

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

March 11, 1994

Order unanimously affirmed without costs.

Memorandum:

Defendants presented evidence sufficient to demonstrate that, at the death of plaintiff's grandparents in 1949 or 1950, title to the premises vested in their children as tenants in common (see, Kraker v Roll, 100 A.D.2d 424, 429). It is presumed that the exclusive possession of a co-tenant is not adverse to the other tenants. Exclusive possession alone is...

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