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BEST & CO. HAIRCUTTERS, LTD. v. SEMON

2009-09401.

81 A.D.3d 766 (2011)

916 N.Y.S.2d 632

BEST & CO. HAIRCUTTERS, LTD., Respondent, v. WILLIAM P. SEMON, JR., et al., Defendants, and MAY DEPARTMENT STORES COMPANY, Appellant.

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

Decided February 15, 2011.

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

Pursuant to RPAPL 522, as it existed at the time the plaintiff filed this action, where a claim of adverse possession was not based upon a written instrument, the plaintiff had to demonstrate that it "usually cultivated, improved, or substantially enclosed the land" (Asher v Borenstein, 76 A.D.3d 984, 986 [2010], quoting Walsh v Ellis,

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