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CHILDREN'S MAGICAL v. NORFOLK

152094/14.

164 A.D.3d 73 (2018)

82 N.Y.S.3d 354

2018 NY Slip Op 05223

CHILDREN'S MAGICAL GARDEN, INC., Respondent, v. NORFOLK STREET DEVELOPMENT, LLC, et al., Appellants.

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

Decided July 12, 2018.

Attorney(s) appearing for the Case

Rex Whitehorn & Associates, P.C., Great Neck ( Rex Whitehorn of counsel), for Norfolk Street Development, LLC, and others, appellants.

Herrick Feinstein LLP, New York City ( Janice I. Goldberg and Arthur G. Jakoby of counsel), for 157, LLC, appellant.

Sidley Austin LLP, New York City ( Benjamin F. Burry , Nicholas P. Crowell , Angela Zhu and Alexander I. Cohen of counsel), for respondent.

RENWICK, KAHN and KERN, JJ., concur with TOM, J.; FRIEDMAN, J.P., concurs in a separate opinion.

OPINION OF THE COURT

This appeal involves what must be an extremely rare occurrence in Manhattan, to wit, a claim of adverse possession of prime real estate located in the Lower East Side neighborhood of Manhattan. Specifically, we are presented with a dispute over a vacant corner lot located at 157 Norfolk Street at its

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