Adverse Possession Claim Upheld—Private Street—Practical Location Doctrine—Contested Area Was Not a “Paper Street,” Because It Was Open and in Use
The plaintiff residential cooperative corporation commenced the subject action, asserting an adverse possession claim, pursuant to Real Property Action and Proceedings Law (RPAPL), Article 15. The plaintiff claimed, inter alia, that “it is the owner and has exclusive right to use the southwesterly portion of” a strip of property known as “Centre Place, from the center line thereof, subject to the easement rights of abutting property owners.” The plaintiff also sought “to expunge various correction deeds filed by defendant that include the ownership of Centre Place” and “an order directing defendant to remove the fence it erected and restore the sidewalk to its previous condition….” The defendant denied the plaintiff’s claims and asserted counterclaims for a declaratory judgment and monetary damages.
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