7 A.D.2d 865 | N.Y. App. Div. | 1959
In an action pursuant to article 15 of the Real Property Law to determine plaintiff’s claim to a strip of real property 50 feet wide and about 489 feet long, to which she claimed title by adverse possession, the defendant interposed a counterclaim pursuant to article 15 of the Real Property Law (1st counterclaim) and to recover damages alleged to have been incurred because of plaintiff’s claim to the property (2d counterclaim). After trial without a jury, the court held that plaintiff had proved adverse possession for 11 years, but not for the 15 years required by section 35 of the Civil Practice Act. The court also held that defendant had record title to the strip, but refused to award it damages. Plaintiff appeals from so much of the judgment entered thereon as is in favor of defendant and against her, and defendant appeals from so much of said judgment as fails to award it damages. Judgment insofar as it is in favor of plaintiff against defendant affirmed, without costs, and judgment insofar as it is in favor of defendant against plaintiff reversed on the law and the facts, with costs, and judgment directed in favor of plaintiff for the relief demanded in the complaint and dismissing the first counterclaim. Findings of fact insofar as they may be
