ROTE v. GIBBS

154 CA 20-00700.

195 A.D.3d 1521 (2021)

2021 NY Slip Op 03938

Gail M. Rote et al., Appellants, v. John A. Gibbs, Respondent.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

BENNETT, DIFILIPPO & KURTZHALTS, LLP, EAST AURORA ( MAURA C. SEIBOLD , OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GERALD J. VELLA , SPRINGVILLE, FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the complaint is reinstated and judgment is granted in favor of plaintiffs as follows:

It is ordered, adjudged and declared that plaintiffs are the lawful owners of the disputed parcel as depicted in the Survey of 10151 Point Peter Road by Nussbaumer & Clarke, Inc. dated October 1, 2015.

Memorandum: Plaintiffs...

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