Majority
—In an action to acquire title to real property by adverse possession, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 25, 1999, which, inter alia, denied its motion to dismiss the complaint.
Ordered that the order is affirmed, with costs.
To acquire title to real property by adverse possession, the possessor must establish that the character of the possession is “ ‘hostile and under a claim of right, actual, open and notorious, exclusive and continuous’ * * * for the statutory period of 10 years” (Ray v Beacon Hudson Mtn. Corp., 88 NY2d 154 ,
The Supreme Court properly found that the appellant held the subject property in its proprietary capacity and that there was a question of fact as to whether the plaintiffs have acquired title to the subject property by adverse possession (see generally, Ray v Beacon Hudson Mtn. Corp., supra; Barnes v Light, 116 NY 34 ; Ramapo Mfg. Co. v Mapes, 155 App Div 443 ).
The appellant’s remaining contention is without merit. Santucci, J. P., Joy, Sullivan and Altman, JJ., concur.
Cases cited
- Ray v. Beacon Hudson Mountain Corp. 88 NY2d 154 p. 681
- Brand v. Prince 35 NY2d 634 p. 682
- City of Tonawanda v. Ellicott Creek Homeowners Ass'n 86 AD2d 118 p. 682
- Walsh's Inc. v. County of Oswego 9 AD2d 393 p. 682
- Long Island Land Research Bureau Inc. v. Town of Hempstead 203 Misc 619 p. 682
- Long Island Land Research Bureau, Inc. v. Town of Hempstead 308 NY 818 p. 682
- Barnes v. Light 116 NY 34 p. 682
- Ramapo Mfg. Co. v. Mapes 155 App Div 443 p. 682