44 A.D.2d 622 | N.Y. App. Div. | 1974
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered May 18,1973 in Sullivan County, upon a decision of the court at a Trial Term, without a jury. Involved here is a triangular parcel of 211.3 square feet located in the northwest corner of plaintiff’s real property where it abuts premises of defendant B. B. M. Realty Corp., said parcel extending 61.-96 feet along plaintiff’s northerly boundary and being 7,33 feet in width at its widest point measured along plaintiff’s westerly boundary. Plaintiff demanded judgment that possession thereof be delivered to it and that defendant B. B. M. be directed to remove a retaining wall -and all materials placed thereon. Adverse possession as an