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STARNER TREE SERVICE COMPANY, INCORPORATED v. CITY OF NEW ROCHELLE

271 A.D.2d 681 (2000)

707 N.Y.S.2d 867

STARNER TREE SERVICE COMPANY, INCORPORATED, et al., Respondents, v. CITY OF NEW ROCHELLE, Appellant.

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

Decided April 24, 2000.

Ordered that the order is affirmed, with costs.

To acquire title to real property by adverse possession, the possessor must establish that the character of the possession is "`hostile and under a claim of right, actual, open and notorious, exclusive and continuous' * * * for the statutory period of 10 years" (Ray v Beacon Hudson Mtn. Corp., 88 N.Y.2d 154, 159, quoting Brand...

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