HALO v. SCHMIDT

2019-08265. Index No. 1585/2018.

199 A.D.3d 992 (2021)

154 N.Y.S.3d 820

2021 NY Slip Op 06609

Z C Halo, Respondent, v. William Schmidt, Appellant.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Daniel E. Bertolino, P.C., Upper Nyack, NY ( Laura A. Dorsainvil of counsel), for appellant.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff and the defendant own adjacent parcels of real property in New City. In 2018, the plaintiff allegedly learned that his driveway encroached on the defendant's property and commenced the instant action, inter alia, in effect, for a judgment declaring that he owns the contested portion of the driveway by adverse possession. The defendant moved, among other things, pursuant to CPLR 3211...

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