DUMAURIER v. LINDSAY-BUSHWICK ASSOCIATES, L.P.


39 A.D.3d 460 (2007)

835 N.Y.S.2d 235

NOEL DUMAURIER, Respondent, v. LINDSAY-BUSHWICK ASSOCIATES, L.P., Appellant, et al., Defendant.

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

Decided April 3, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

A party seeking to obtain title to real property by adverse possession not based upon a written instrument must establish that the property was either "usually cultivated or improved" (RPAPL 522 [1]) or "protected by a substantial inclosure" (RPAPL 522 [2]). In addition, the party must demonstrate, by clear and convincing evidence, the common-law requirements...

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