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PEREZ v. PEREZ

228 A.D.2d 161 (1996)

644 N.Y.S.2d 168

Rosa Perez, Also Known as Rosa E. Galan, Appellant, v. Eliud Perez, Respondent

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

June 4, 1996

In this action between ex-spouses for partition of their former marital residence, defendant husband's claim of sole title to the property by adverse possession prevailed at trial. On a prior appeal from the denial of summary judgment to either party, we held that there was "a sharp issue of fact as to whether [the husband's] possession was hostile and under a claim of right" (Perez v Perez, 186 A.D.2d 376).

In 1965, some...

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