Monthly Archives: May 2024

Had Title to Enclosed Realty Been Acquired by Adverse Possession?.

Hongwei Guan and EZC Carolina LLC owned their two residences on adjoining parcels in the City of Ithaca, Tompkins County. In 2006, Guan became the titled owners of the western parcel and began using a shed that was fully located to the east of their boundary line. In 2021, EZC  became the titled owner of the eastern parcel and subsequently constructed a fence along the boundary line — resultantly enclosing the shed within EZC’s parcel.

Guan commenced an action seeking, among other things, to permanently enjoin EZC from maintaining the fence that prevented access to the shed, claiming to be the fee owner of the disputed area through adverse possession. After issue was joined and before the completion of discovery, Guan moved for partial summary judgment on the cause of action for a permanent injunction, which was opposed by EZC.  Supreme Court denied the motion in its entirety. Guan appealed.

Appeals Followed Small Claims Judgment In Favor of Neighbors

Silvio Bet commenced a small claims action seeking $112.50 each from Wayne Geriak Elizabeth Manning as their pro rata shares of a $450 plowing expense for a shared private roadway. After a trial, the Justice Court of the Town of Lake Pleasant found in favor of  Geriak and Manning because there was no prior agreement between the parties to share plowing costs for the driveway. Bet appealed. County Court affirmed.  Bet appealed to the Appellate Division..

Appellate review of small claims matters is limited to determining whether ‘substantial justice has been done between the parties according to the rules and principles of substantive law. Only a clearly erroneous determination will be overturned.