Simpson v. Chien Yuan Kao
Opinion of the Court
—In an action pursuant to RPAPL
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The proof that the defendants planted and cultivated a few trees on the plaintiff’s property near the boundary line between their property and the plaintiff’s property is insufficient to establish adverse possession by usually cultivating or improving the property in dispute (see, RPAPL 522 [1]; Van Valkenburgh v Lutz, 304 NY 95; City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118). Mangano, P. J., Miller, Copertino, Santucci and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.