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OAK PONDS, LLC v. WILLUMSEN

295 A.D.2d 587 (2002)

745 N.Y.S.2d 44

OAK PONDS, LLC, Respondent, v. DORIS T. WILLUMSEN et al., Appellants.

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

Decided June 24, 2002.

Ordered that the judgment is modified by deleting the provision thereof which, upon searching the record, granted summary judgment to the plaintiff; as so modified, the judgment is affirmed, without costs and disbursements.

An effective claim of adverse possession has five elements: "First, the possession must be hostile and under claim of right; second, it must be actual; third, it must be open and notorious; fourth, it...

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