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SAMTER v. MAGGIORE

309 A.D.2d 741 (2003)

765 N.Y.S.2d 256

HILARY A. SAMTER et al., Appellants-Respondents, v. GREGORY MAGGIORE et al., Respondents-Appellants.

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

Decided October 6, 2003.

Ordered that the order is affirmed, without costs or disbursements.

A party seeking to obtain title to real property by adverse possession on a claim not based upon a written instrument must establish that the property was "usually cultivated or improved" or "protected by a substantial inclosure" (RPAPL 522; see Barnett v Nelson, 248 A.D.2d 656, 656-657 [1998]). In addition, the party must satisfy the common-law requirement...

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