Hall v. Sinclaire

35 AD 3d 660, 826 NYS 2d 706 - NY: Appellate Div., 2nd Dept., 2006 - Google Scholar
… the party must prove by clear and convincing evidence the common-law requirements of adverse
possession, to wit: (1) that the possession was hostile and under claim of right; (2) that …

Schwengber v. Hultenius

160 AD 3d 1083, 74 NYS 3d 120, 2018 NY … - NY: Appellate Div …, 2018 - Google Scholar
… A shared driveway leads from the road onto defendant's property then splits, with one section
leading behind defendant's house and the other section leading to a garage on plaintiffs …

Bergmann v. Spallane

129 AD 3d 1193, 10 NYS 3d 670, 2015 NY … - NY: Appellate Div …, 2015 - Google Scholar
… that their possession of the disputed property "[was] hostile and under a claim of right, actual,
open … parcel that can be reached from the road only by a shared driveway on defendants …

Coverdale v. Zucker

261 AD 2d 429, 690 NYS 2d 134 - NY: Appellate Div., 2nd Dept., 1999 - Google Scholar
… evidence, that the subject property was used openly, notoriously, and continuously for the statutory
period, the presumption arises that the use was adverse under claim of right and the …

Dunham v. ELITE DEV., INC.

2007 NY Slip Op 52603 - NY: Supreme Court, 2007 - Google Scholar
… Plaintiff claims that her use of the shared driveway was open, notorious, adverse, actual,
uninterrupted, hostile, and done under a claim of right for more than 10 years …

BOLOGNESE v. BANTIS

2019 NY Slip Op 33499 - NY: Supreme Court, 2019 - Google Scholar
… the owners of two adjacent properties, involves their competing claims regarding a shared
driveway … the fence on a portion of Defendants' property under a claim of right for more than …

Serafin v. Dickerson

2009 NY Slip Op 52035 - NY: Supreme Court, 2009 - Google Scholar
… the adverse possessor's occupation must be (1) hostile and under claim of right; (2) actual; (3)
open … consistent plowing and resurfacing of disputed portion of a shared driveway over the …

BOLOGNESE v. BANTIS

2021 NY Slip Op 31176 - NY: Supreme Court, 2021 - Google Scholar
… the owners of two adjacent properties, involves a dispute regarding a shared driveway between
their two … the fence on a portion of defendants' property under a claim of right for more …