MAG Associates, Inc. v. SDR Realty, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; February 16, 1998; New York; State Appellate Court
A plaintiff, MAG Associates, Inc. (MAG), appeals a Supreme Court order denying its motion for summary judgment and granting summary judgment to the defendant, SDR Realty, Inc. (SDR), declaring SDR the owner of a disputed property. The appellate court modifies the order by removing the summary judgment in favor of SDR while affirming the denial of MAG's motion, with no costs awarded. The dispute centers on a property in Yonkers, NY, purchased by SDR in 1994 from Cross County Steel, which SDR claims to have occupied since at least 1949. However, the property in question is part of a railroad right-of-way known as the Carpet Shop Spur, abandoned and purchased by MAG in 1993. A survey conducted by MAG in 1994 indicated encroachments by SDR and others. In its defense, SDR submitted an affidavit from Cross County's treasurer asserting that they believed the property was theirs based on the deed. SDR also provided a 1953 map suggesting their property boundaries included the disputed parcel. The Supreme Court initially ruled in favor of SDR based on this evidence. The appellate court finds that while SDR demonstrated four elements of adverse possession, a genuine issue of fact exists regarding the claim of right. The court notes that an admission of prior ownership by another party negates the hostility required for adverse possession. The 1953 map contradicts SDR's claim by showing the disputed property as outside Cross County's boundaries, indicating that a triable issue remains regarding SDR's claim of right. The appellate court concludes that summary judgment for SDR was improperly granted, affirming the denial of MAG's motion while modifying the order to eliminate SDR's summary judgment. The remaining arguments from both parties were deemed without merit.