New York Court of Appeals

Marion L. Van Valkenburgh, and Joseph D. Van Valkenburgh v. Mary Lutz

April 23, 1952304 N.Y. 95

Summary

The New York Court of Appeals reversed the lower courts, holding that William Lutz did not acquire title to the four Yonkers lots by adverse possession because the evidence failed to show the required actual occupation and claim of title over the entire premises. The Court affirmed the plaintiffs' claim for possession, subject to an existing easement, and noted a dissent arguing the opposite.