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WALLING v. PRZYBYLO

24 A.D.3d 1 (2005)

804 N.Y.S.2d 435

G. SCOTT WALLING et al., Appellants, v. PAUL F. PRZYBYLO et al., Respondents.

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

September 29, 2005.

Attorney(s) appearing for the Case

G. Scott Walling, Queensbury, appellant pro se, and for Kathleen Walling, appellant.

O'Dell & O'Dell, Glens Falls (Veronica Carrozza O'Dell of counsel), for respondents.

SPAIN, J.P., CARPINELLO, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

ROSE, J.

Plaintiffs and defendants have owned adjoining lots in a residential subdivision since 1986 and 1989, respectively. In 2004, defendants had their lot surveyed and learned that their deed description included a portion of plaintiffs' side yard (hereinafter the parcel). Plaintiffs then commenced this action seeking a declaration that they have title to the parcel by adverse possession...

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