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MONTHIE v. BOYLE RD. ASSOCS.

281 A.D.2d 15 (2001)

724 N.Y.S.2d 178

PAUL MONTHIE et al., Respondents, v. BOYLE ROAD ASSOCIATES, L. L. C., Appellant.

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

April 30, 2001.

Attorney(s) appearing for the Case

Lamb & Barnosky, L. L. P., Melville (Scott M. Karson of counsel), for appellant.

Alfred J. Skidmore, Hicksville, for respondents.

RITTER, J. P., SANTUCCI and KRAUSMAN, JJ., concur.

OPINION OF THE COURT

SMITH, J.

On this appeal we are asked to determine if the Supreme Court properly concluded that the plaintiffs raised a triable issue of fact as to whether the real property to which they sought title through adverse possession had been held by the Comsewoque School District (hereinafter the School District) in a proprietary capacity, thereby allowing the plaintiffs to claim title by adverse possession.

HISTORY AND FACTUAL REVIEW...

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