Martin v. Robins, Suffolk Index No. 22818/2004 (Supreme Court, Suffolk County 2016) – Decision after trial addresses and dismisses all claims stemming from a dispute over the scope and extent of an easement and right-of-way
Reyes v. Carroll, 2016 NY Slip Op. 1656 (App. Div., 2nd Dep’t 2016) – Opinion involves an adverse possession claim that was defeated because the plaintiff had, during the period of claimed occupancy, removed a fence at the owner’s request, thereby defeating the hostility of the possession.
MKG Georgica LLC v. Popcorn, Index No. 2014-3195 (Supreme Ct., Suffolk Co. 2015) – Case involves a denial of an adverse possession claim due to the claimant’s inability to “tack on” to her predecessor’s alleged adverse possession.
Zupa v. Keitt, 84 A.D.3d 792 (App.Div., 2nd Dep’t 2011); Zupa v. Paradise Point Assn.., 31 A.D.3d 538 (App.Div., 2nd Dep’t 2006); and Paradise Point Assn., Inc. v. Zupa, 22 A.D.3d 818 (App.Div., 2nd Dep’t 2005) – Series of cases involving a homeowner association’s deeded and riparian rights and prescriptive easements over a private landowner’s property.
Chanos v. Madac LLC, 74 A.D.3d 1007 (App.Div., 2nd Dep’t 2010) – Opinion establishes when a title dispute becomes ripe for review
Zhang v. Coritsidis, 2011 NY Slip Op 8934 (App.Div., 2nd Dep’t 2011) – Opinion involves the rights of an owner benefitted by an easement and right of way over another property, from the street to the beach and waters of the Long Island Sound.
Bridgehampton Development Corp. v. County of Suffolk, NY Slip Op 04963 (App.Div., 2nd Dep’t 2012) – Opinion involves the defective title that can result from a county’s attempt to take property for unpaid taxes without providing the required “due process” notice of the tax lien sale
Birch Tree Partners LLC v. Windsor Digital Studio LLC, 2015 N.Y. Slip Op. 07807 (App.Div., 2nd Department 2015) – Opinion involves an unsuccessful adverse possession claim, where the plaintiff had attempted to “tack on” to the alleged prior possession of its predecessor.
Reyes v. Carroll, Suffolk Index No. 13-14478 (Sup. Ct. 2013) – Decision rejects an adverse possession claim on the grounds that (1) the claim was subject to the 2008 amendments to the State law, (2) the plaintiffs acknowledged the owner’s true title, and (3) the plaintiffs could not “tack on” to their predecessor.
Macklowe v. Trustees of the Town of East Hampton, Suffolk Index No. 8740-08 (Sup.Ct. 2012), affirmed by the Appellate Division at 110 A.D.3d 964 (2013) – Decision resolves a boundary dispute between an owner of beachfront property and the town’s trustees by finding that the owner’s title extends to the “beach grass” line.