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GOURDINE v. VILLAGE OF OSSINING

2007-10914

72 A.D.3d 643 (2010)

897 N.Y.S.2d 647

NORMAN MICHAEL GOURDINE, as Executor of HARRY GOURDINE, Deceased, Appellant, v. VILLAGE OF OSSINING et al., Respondents.

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

Decided April 6, 2010.

Ordered that the order is affirmed, with one bill of costs.

A party seeking to obtain title to real property by adverse possession on a claim not based upon a written instrument, in accordance with the law in effect at the time this action was commenced (see RPAPL former 522; cf. L 2008, ch 269, § 5, as amended; Walsh v Ellis, 64 A.D.3d 702, 703-704 [2009]), "must show that the parcel was either `usually...

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