BLUMENFELD v. DELUCA


24 A.D.3d 405 (2005)

807 N.Y.S.2d 99

PHILIP BLUMENFELD et al., Appellants, v. NEAL DELUCA, Respondent, et al., Defendants. (And Related Actions.)

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

December 5, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was for summary judgment on their claim of adverse possession is granted.

By their submission of affidavits and documentary exhibits, the plaintiffs demonstrated, by clear and convincing evidence, that they possessed and used the subject strip of property as part of their driveway and back yard, and that such possession and use was hostile...

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