December 30, 2013

In an action claiming adverse possession over a neighbor’s property, the Supreme Court, Suffolk County has granted the defendants’ motion for summary judgment dismissing the action, in Reyes v. Carroll, Index No. 14478/2013. The plaintiffs had claimed that they, and their predecessors, had occupied a portion of the defendants’ property in Wainscott, NY for more than 10 years, and therefore acquired the property through adverse possession.  The defendants moved to dismiss, arguing that the plaintiffs could not make out a successful claim of adverse possession on their own and could not “tack on” to the alleged possession by their predecessors.  In a 13-page decision, the Hon. W. Gerard Asher exhaustively reviewed the facts and law before agreeing with the defendants and dismissing the plaintiffs’ claims.