KINGS PARK YACHT CLUB, INC. v. STATE


26 A.D.3d 357 (2006)

809 N.Y.S.2d 551

KINGS PARK YACHT CLUB, INC., Appellant, v. STATE OF NEW YORK, Respondent.

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

February 14, 2006.


Ordered that the order is affirmed, with costs.

The State of New York was properly awarded summary judgment on the issue of whether the plaintiff acquired title to the subject property by adverse possession. A municipality cannot lose title to property by adverse possession when it holds the property in its governmental capacity (see City of New York v. Wilson & Co., 278 N.Y. 86, 96 [1938]; Monthie v. Boyle Rd. Assoc., 281 A.D.2d...

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