In Sugarman v. Malone , Lydia Sugarman sought to secure a Manhattan cooperative apartment from her sister-in-law's husband by way of " adverse possession ."
Sugarman had lived in the apartment since 1984 with her late husband, Howard, who died in 1990. The owner of the shares was Howard's father, who died in 1995, leaving the shares to Howard's sister. She then died a year later, leaving the shares to her husband, Laurence Malone. Malone didn't assert his interest in the apartment for some nine years. Consequently, Sugarman filed suit in 2005, "seeking a declaration that she is the rightful owner of the shares through adverse possession."
When the New York County Supreme Court granted Malone's request to dismiss the case, Sugarman appealed to the Appellate Division, First Department.
The AD1 determined that the element of "hostility" -- which is one of the elements required in any adverse possession case -- was lost when Sugarman offered to buy the apartment in 1998, while the governing ten-year statutory period was still running.
We're guessing Sugarman found nothing sweet about that.
To download a copy of the Appellate Division's decision, please use this link: Sugarman v. Malone