In a dispute arising from the use of a portion of private roadway located on C.R. Wallauer's property, Lakeside Colony Condominium sought to "quiet title" pursuant to Real Property Actions and Proceedings Law Article 15. It was Lakeside's contention that it become the owner of the roadway in question by way of "adverse possession" and it wanted a judge to resolve that issue.
After the Westchester County Supreme Court denied the parties' request for summary judgment -- an adjudication of the dispute's merits based primarily on the parties' written submissions -- they appealed to the Appellate Division, Second Department.
According to the AD2, Lakeside's allegation of adverse possession should have been dismissed due to a 1986 agreement between the parties' predecessors-in-interest, wherein a deeded easement over and through the disputed portion of private roadway was granted.
That conveyance demonstrated that Lakeside's use of the roadway was "expressly permissive" and therefore did not give rise to a supportable adverse possession claim.
You won't get any hostility from us about that outcome.
For a copy of the Appellate Division's decision, please use this link: Lakeside Colony Condominium I v. C.R. Wallauer & Co., Inc.
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For our other posts on this topic, please use this link: Adverse Possession