Pinzon v. Eskander
Opinion of the Court
In an order dated March 11, 2009, the Supreme Court
The parties thereafter consented to have a referee hear and determine the boundaries and dimensions of the property adversely possessed by the plaintiffs. Specifically, the plaintiffs asserted that the side of the wedge that was initially determined by the Supreme Court to be 11 inches in length was as much as 26V2 inches in length, as reflected in the 1990 survey. However, the defendant contended that the 2003 survey accurately measured the side as 11 inches in length. Following the hearing, the referee determined that the plaintiffs had no further claim of title by adverse possession beyond the wedge defined by the 11-inch-long triangle, as indicated in the 2003 survey. We reverse.
The proof adduced at the hearing established that the 1990 survey accurately reflected the correct dimensions of the disputed triangular wedge. The submissions made to Justice Schmidt in connection with the plaintiffs’ summary judgment motion, as well as testimony adduced at the hearing before the referee, demonstrated that there was a chain-link fence that existed at the time of the 1990 survey, which has since been removed, and that the position of this fence was critical to any determination of the area of disputed property. The 1990 survey indicated that the fence, at its southernmost point, extended as much as 26V2 inches from the original boundary line dividing the parties’ properties, as described in their deeds.
Additionally, nonparty witness Anthony Vasquez, the son of the defendant’s predecessor in interest, testified that, in the 1980s, he had observed his father paint the brick wall on what became the defendant’s property, stopping at the point where it reached the end of the chain-link fence. Moreover, the plaintiffs submitted photographs showing the partially painted wall. Further, nonparty witness Frances Butler, the plaintiffs’ neighbor to the east, corroborated Vazquez’s testimony as to the painted
Accordingly, the matter must be remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiffs are the owners, by adverse possession, of the subject triangular wedge of real property in accordance with the dimensions and boundaries depicted the 1990 survey. Rivera, J.E, Florio, Dickerson and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.