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ORSETTI v. ORSETTI, JR.

6 A.D.3d 683 (2004)

775 N.Y.S.2d 369

VICTOR ORSETTI et al., Appellants, v. ANGELO ORSETTI, JR., et al., Respondents.

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

April 26, 2004.

Ordered that the order is affirmed, with costs.

It is well settled that a party seeking to obtain title by adverse possession must establish, by clear and convincing evidence, the common-law requirements of hostile possession, under a claim of right, which was actual, open and notorious, exclusive, and continuous for the statutory period. Additionally, on a claim not based upon a written instrument, the plaintiff must produce...

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