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MYERS v. BARTHOLOMEW

91 N.Y.2d 630 (1998)

697 N.E.2d 160

674 N.Y.S.2d 259

Charles A. Myers, Appellant, v. Thelma Bartholomew et al., Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1998.

Attorney(s) appearing for the Case

Sanders, Gutman & Brodie, P. C., Brooklyn (Robert Gutman and Deborah L. Dobbin of counsel), for appellant.

Thelma Bartholomew, Winifred Bartholomew, Zina Ann Bartholomew and Tisa Celia Bartholomew, respondents pro se.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

Must a tenant-in-common in exclusive possession (who has not ousted the nonpossessory cotenant), under RPAPL 541, possess for 10 years, or for 20 years, before acquiring full title by adverse possession? Describing RPAPL 541 as an "unclear statute" and a "perennial mind-buster," the Practice Commentaries speculate that perhaps one day the Court of Appeals will answer this long-standing question...

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