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JOSEPH v. WHITCOMBE

279 A.D.2d 122 (2001)

719 N.Y.S.2d 44

HAIM JOSEPH, Appellant, v. MARK WHITCOMBE et al., Respondents.

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

January 11, 2001.

Attorney(s) appearing for the Case

Lee S. Wiederkehr of counsel, White Plains (Jerry F. Kebrdle, II on the brief; DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, L. L. P., attorneys), for appellant.

Elizabeth Shollenberger of counsel, Bronx (Bronx Legal Services, Office of the Elderly, attorney), for respondents.

ROSENBERGER, J.P., WALLACH, RUBIN and SAXE, JJ., concur.

OPINION OF THE COURT

TOM, J.

This case involves application of the common law of adverse possession. Defendants husband and wife claim to have adversely possessed the premises at 98 Ditmars Street in the City Island part of the Bronx, since 1982. This is a small bungalow-type structure near a waterfront location. Defendant Mark Whitcombe had been a City Island resident since about 1956 and was familiar with Ditmars Street since he had been a child. By 1982...

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