By: Daily Record Staff//October 24, 2011
By: Daily Record Staff//October 24, 2011//
Appellate Division, Fourth Department
Claim of Right
King’s Court Restaurant Inc. v. Hurondel I, Inc.
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action seeking a declaration that it had obtained title by adverse possession or an easement by prescription over a portion of the defendant’s property. The court had denied the defendant’s motion for summary judgment dismissing the complaint. The defendant appealed.
Ruling: The Appellate Division reversed. The court found that the defendant had submitted uncontroverted documentary evidence that it was the record owner of the property to which the plaintiff claimed to have title. As such, the burden shifted to the plaintiff to raise an issue of fact regarding the plaintiff’s claim to title. The plaintiff’s conclusory affidavits from two corporate neighbors indicating that the plaintiff has had continuous, hostile, uninterrupted possession for over 10 years were not persuasive and did not rebut the defendant’s clear ownership of title.
Robert E. Knoer of the Knoer Group for the defendant-appellant; Brian J. Ruffino for the plaintiff-respondent