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SIMPSON v. KAO

Appellate Division of the Supreme Court of New York, Second Department.
Dec 29, 1995

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

The proof that the defendants planted and cultivated a few trees on the plaintiff's property near the boundary line between their property and the plaintiff's property is insufficient to establish adverse possession by usually cultivating or improving the property in dispute (see, RPAPL 522; Van Valkenburgh v Lutz, 304 N.Y. 95; City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 A.D.2d 118). Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.