Appellate Division of the Supreme Court of New York, 1995

Simpson v. Chien Yuan Kao

Appellate Division of the Supreme Court of New York · Decided December 29, 1995

222 A.D.2d 666; 636 N.Y.S.2d 70; 1995 N.Y. App. Div. LEXIS 13924

Cases that cite this one

6 later published cases cite this decision.

Stickler v. HALEVY (District Court, E.D. New York 2011)
Mentiply v. Foster (Appellate Division of the Supreme Court of New York 2022)
Pritsiolas v. Apple Bankcorp, Inc. (Appellate Division of the Supreme Court of New York 2014)
Conklin-Penwell v. Riverhead Lodge, No. 2044, B.P.O. Elks (Appellate Division of the Supreme Court of New York 2009)
Seisser v. Eglin (Appellate Division of the Supreme Court of New York 2004)
Gore v. Cambareri (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action pursuant to RPAPL *667article 15, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Gurahian, J.), entered July 21, 1994, as dismissed their counterclaim to obtain title to real property by adverse possession.

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 September 30, 2026. Source: CourtListener bulk data.