HOGAN v. KELLY

2010-07183.

86 A.D.3d 590 (2011)

927 N.Y.S.2d 157

2011 NY Slip Op 6018

LUIS O. HOGAN, as Administrator of the Estate of FERDINAND POWELL, Appellant, v. CAMILLE KELLY et al., Respondents.

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

Decided July 19, 2011.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211 (c) for summary judgment dismissing the complaint and declaring them to be the owners of the subject property by adverse possession and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.

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