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Jaffer v. Hirji

Adverse Possession Claim's Rejection Upheld But Issue Exists if Home Held in Trust

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Appeal from the United States District Court for the Southern District of New York. No. 14-CV-2127 — Kenneth M. Karas, District Judge.

*1  Plaintiffs-Counter-Defendants-Appellants, Latifa Jaffer, Ahmed M. Hirji, Shehzad Hirji, and Hussein Jaffer appeal from the May 18, 2017 judgment of the United States District Court for the Southern District of New York (Karas, J.) granting summary judgment in favor of Defendants-Counter-Claimants-Appellees. We vacate and remand that judgment. Judge Cabranes dissents in a separate opinion.GUIDO CALABRESI, C.J.Plaintiffs-Counter-Defendants-Appellants Latifa Jaffer, Ahmed M. Hirji, Shehzad Hirji, and Hussein Jaffer (jointly, “Plaintiffs”) appeal from the October 27, 2015 order and May 18, 2017 judgment of the District Court in favor of Defendants-Counter-Claimants-Appellees Naushad M. Hirji and Sabira Hirji (jointly, “Defendants”). Plaintiffs argue that the District Court erred by granting judgment on the pleadings against their adverse possession claim and by granting summary judgment in favor of Defendants on Plaintiffs’ constructive trust claim. Upon review, we agree with the District Court with respect to the adverse possession claim and affirm that ruling. With regard to the constructive trust claim, we disagree with the District Court and vacate and remand that ruling. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

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