AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

DONALD G. GORE et al., Appellants, v. GIUSEPPE CAMBARERI et al., Respondents.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs and the defendants are the owners of adjoining properties. The plaintiffs commenced this action alleging, inter alia, that they obtained by adverse possession title to a certain area of property owned by the defendants near the border between the properties. After a nonjury trial, the Supreme Court determined that the plaintiffs had failed to prove adverse possession and determined that the defendants were the owners of the property. We affirm.

Contrary to the plaintiffs' contentions on appeal, they failed to demonstrate by clear and convincing evidence that the property at issue was protected by a substantial inclosure and/or usually cultivated or improved by them within the meaning of RPAPL 522 ( see Seisser v. Eglin, 7 AD3d 505; Rowland v. Crystal Bay Constr., 301 AD2d 585; Giannone v. Trotwood Corp., 266 AD2d 430; Boumis v. Caetano, 140 AD2d 401; see generally Ray v. Beacon Hudson Mtn. Corp., 88 NY2d 154).

The plaintiffs' remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

GORE v. CAMBARERI
(Jan 31, 2005)