New York Court of Appeals

G. Scott Walling, Respondents v. Paul F. Przybylo, Appellants

June 13, 20067 N.Y.3d 228

Summary

The New York Court of Appeals affirmed summary judgment for the plaintiffs, holding that actual knowledge of the true owner does not defeat a claim of right in an adverse possession action and that the plaintiffs satisfied all elements of adverse possession. The Court relied on longstanding New York authority to conclude the evidence was sufficient for summary judgment.