Van Gorder v. Masterplanned, Inc., 78 N.Y.2d 1106 (1991). · Go Syfert
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Van Gorder v. Masterplanned, Inc., 78 N.Y.2d 1106 (1991). Cases Citing This Book View Copy Cite
32 citation events (12 in the last 25 years) across 4 distinct courts.
Strongest positive: Sandoro, James T. v. 9274 Grp., Inc., 114 A.D.3d 1276 (N.Y. App. Div. 4th Dep't 2014)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
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At page 1107 Acknowledging ownership negates element of hostility6 citing casesoral concession of another’s ownership during the statutory period would constitute an acknowledgment and negate a claim of right1 citing court put it this way
  • Sandoro, James T. v. 9274 Grp., Inc., 114 A.D.3d 1276 (N.Y. App. Div. 4th Dep't 2014).published
    Plaintiffs acknowledgment of defendant’s ownership negates the element of hostility during the requisite period as a matter of law (see Van Gorder v Masterplanned, Inc., 78 NY2d 1106, 1107-1108 [1991]; Bedell v Shaw, 59 NY 46, 49 [1874]),…
  • Merget v. Westbury Props., LLC, 65 A.D.3d 1102 (N.Y. App. Div. 2d Dep't 2009).published
    Although in calling the town, Haring admitted that he was not the titled owner, no evidence exists that he acknowledged during the statutory 10-year period that ownership of the property rested with another person (see Van Gorder v Masterp…
  • Blumenfeld v. DeLuca, 24 A.D.3d 405 (N.Y. App. Div. 2d Dep't 2005).published
    Moreover, even if the material submitted by DeLuca had been competent and admissible, it nonetheless failed to raise a triable issue of fact because it did not allege an acknowledgment by the plaintiffs during the relevant statutory period…
  • Walling v. Przybylo, 24 A.D.3d 1 (N.Y. App. Div. 3d Dep't 2005).published 2 cites
    (oral concession of another’s ownership during the statutory period would constitute an acknowledgment and negate a claim of right)
  • Kagan v. Kropp, 228 A.D.3d 920 (N.Y. App. Div. 2d Dep't 2024).published
    (acknowledgement during the statutory 10-year period that actual ownership of the property rested with defendant . . . would negate an essential element of plaintiffs' adverse possession claim)
  • Larsen v. Hanson, 58 A.D.3d 1003 (N.Y. App. Div. 3d Dep't 2009).published
    A possessor’s offer to purchase land prior to the expiration of the statutory 10-year period is an overt acknowledgment of another’s title sufficient to defeat the element of hostility necessary to an adverse possession claim (see Albright…
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Anita Van Gorder
v.
Masterplanned, Incorporated, Formerly Known as Muttontown Holding Corp.
New York Court of Appeals.
Nov 25, 1991.
Published opinion
78 N.Y.2d 1106
APPEARANCES OF COUNSEL, Elliot Paskoff, Avrom E. Greenberg and Francis J. Hearn, Jr., for appellant., Jerry A. Weiss for respondents.
Cited by 27 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiffs’ motion for summary judgment denied.

Inasmuch as a triable issue of fact exists as to whether plaintiffs, who claim to have acquired title to defendant’s property by adverse possession, acknowledged during the stat[*1108]utory 10-year period that actual ownership of the property rested with defendant, summary judgment should not have been awarded to plaintiffs. Such a concession, if found by the trier of fact to exist, would negate an essential element of plaintiffs’ adverse possession claim, namely, that they continued to possess the property under a claim of right throughout the statutory period (see, City of Tonawanda v Ellicott Cr. Homeowners Assn., 86 AD2d 118, 123; see also, Van Valkenburgh v Lutz, 304 NY 95, 99).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.