KATZ v. MAX MANAGEMENT CORP.


302 A.D.2d 496 (2003)

755 N.Y.S.2d 282

ROBERT KATZ, Appellant, v. MAX MANAGEMENT CORP., Respondent.

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

Decided February 18, 2003.


Ordered that the judgment is modified by adding a provision thereto declaring that the plaintiff has not acquired title to the subject apartment by adverse possession; as so modified, the judgment is affirmed insofar as appealed from, with costs.

It is well settled that a party seeking to obtain title to real property by adverse possession not based upon a written instrument must demonstrate, by clear and convincing evidence, that the possession of the property was...

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