PLAINTIFF ACQUIRED TITLE TO THE DISPUTED PROPERTY BY ADVERSE POSSESSION; TWO JUDGES DISSENTED (CT APP).

The Court of Appeals, affirming the Appellate Division, determined the plaintiff had obtained title to the disputed property by adverse possession. There was an extensive two-judge dissent:

We agree with the courts below that, on the unique facts of this case, plaintiff was entitled to summary judgment. Plaintiff’s proof on each of the required elements was sufficient to establish title by adverse possession … , and in response defendants raised no triable issue of fact. Among other evidence establishing hostile and exclusive possession of the road, plaintiff’s submissions demonstrated that “it was only plaintiff that had plowed, patched, paved, repaired, and otherwise maintained the entire road for decades” … . Although adverse possession is “not a favored method of procuring title” … , it is a “necessary means of clearing disputed titles” and serves an “important policy of repose” … . It is time for repose here. Genesee County Fish & Game Protective Assn., Inc. v Sullivan, 2026 NY Slip Op 06168, Ct App 10-22-26