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WALLING v. PRZYBYLO

7 N.Y.3d 228 (2006)

851 N.E.2d 1167

818 N.Y.S.2d 816

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

Court of Appeals of New York.

Decided June 13, 2006.

Attorney(s) appearing for the Case

McMillan, Constabile, Maker & Perone, LLP, Larchmont (William Maker, Jr., of counsel), for appellants.

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

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

This appeal arises from an action to quiet title by adverse possession. Because actual knowledge that another person is the title owner does not, in and of itself, defeat a claim of right by an adverse possessor, we affirm the order of the Appellate Division awarding summary judgment to plaintiffs.

Plaintiffs and defendants are owners of adjoining residential lots...

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