JOHN PERUSO CONSTR. CO., INC. v. NICK


222 A.D.2d 655 (1995)

636 N.Y.S.2d 91

John Peruso Construction Co., Inc., Appellant, v. Joseph Nick et al., Respondents

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

December 29, 1995


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the defendants' submissions established that between 1967 and 1987 they exclusively, and under a claim of right, possessed all the land upon which the two walnut trees in question were located. These two trees were located on the defendants' side of an established fence which the defendants honestly believed reflected the boundary of their property. The defendant Joseph

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