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New York Real Estate Law ReporterLandlord Tenant LawColumns & Departments

Real Property Law

By New York Real Estate Law Reporter Staff
March 01, 2025

Co-Tenant’s Adverse Possession Claim Raises Issues of Fact About Hostility

Buckheit v. Aiken
2024 WL 4897715
AppDiv, Second Dept.
(memorandum opinion)

In an estate’s action for partition and sale of real property, co-owner appealed from Supreme Court’s denial of her motion for summary judgment on her counterclaim alleging that she had acquired title by adverse possession, and granting the motion of a purchaser from the decedent’s heirs dismissing the adverse possession claim against them. The Appellate Division modified, holding that questions of fact precluded summary judgment on the adverse possession claim.

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