JUMAX ASSOCIATES v. 350 CABRINI OWNERS CORP.


46 A.D.3d 407 (2007)

849 N.Y.S.2d 35

JUMAX ASSOCIATES, Appellant, v. 350 CABRINI OWNERS CORP., Respondent.

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

Decided December 20, 2007.


Defendant's claim to the roof fails insofar as it is based on adverse possession because there is no evidence that defendant had ever claimed such right before September 1995, when it entered into the license agreement with Cellular Telephone Company (Cel-Tel), less than 10 years before the commencement of this action in October 2002 (see Ray v Beacon Hudson Mtn. Corp., 88 N.Y.2d 154, 159 [1996]). Accordingly, we vacate the declaration...

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