KROL v. ECKMAN III


305 A.D.2d 709 (2003)

759 N.Y.S.2d 793

HENRY KROL et al., as Trustees of the HENRY AND GERTRUDE KROL REVOCABLE TRUST NUMBER ONE, Appellants, v. BENJAMIN T. ECKMAN III et al., Respondents, et al., Defendants.

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

Decided May 1, 2003.


Mercure, J.P.

In this RPAPL article 15 action, plaintiffs claimed title to approximately 52 acres in the Town of Milford, Otsego County, through adverse possession without color of title. Upon defendants' appeal from a judgment of Supreme Court (Mugglin, J.), awarding plaintiffs title to the entire parcel, this Court determined that plaintiffs demonstrated, by clear and convincing evidence, that they acquired by adverse possession only that portion of the parcel that...

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