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GROMAN v. BOTAR

228 A.D.2d 412 (1996)

644 N.Y.S.2d 58

Louis Groman et al., Respondents, v. Gavril Botar et al., Appellants

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

June 3, 1996

Ordered that the judgment is affirmed, with costs.

A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises was either "usually cultivated or improved" or "protected by a substantial inclosure" (RPAPL 522 [1], [2]), consistent with the property's character, location, condition and potential uses (see, Morris v DeSantis...

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