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FILOMIO TRUCK SALES, INC. v. CITY OF NEW YORK

Index No. 25905-15E. Appeal No. 13139-13139A. Case No. 2019-5781.

191 A.D.3d 525 (2021)

138 N.Y.S.3d 339

2021 NY Slip Op 00994

Filomio Truck Sales, Inc., Appellant, v. City of New York, Respondent.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Vishnick McGovern Milizio LLP, Lake Success ( Richard H. Apat of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Mackenzie Fillow of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

The City demonstrated conclusively that it holds the subject property in its governmental capacity and is therefore immune from claims of adverse possession (see Mazzei v Metropolitan Transp. Auth., 164 A.D.3d 1227, 1228 [2d Dept 2018]). The City showed that the disputed parcel is a part of Boller Avenue in the Bronx and is mapped as a part of the street. The rights of a City to its streets are inalienable (NY City Charter §...

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