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DUKE v. TOWN OF RIVERHEAD

2009-08777.

77 A.D.3d 702 (2010)

910 N.Y.S.2d 448

WILLIAM DUKE et al., Respondents, v. TOWN OF RIVERHEAD, Appellant, et al., Defendant.

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

Decided October 12, 2010.

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

The plaintiffs established ownership of the disputed property by satisfying the elements of adverse possession (see Gourdine v Village of Ossining, 72 A.D.3d 643 [2010]; Zeltser v Sacerdote, 52 A.D.3d 824, 825 [2008]). The evidence submitted by the defendant Town of Riverhead failed to show that...

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