Longshore v. Hoel Pond Landing, Inc., 284 A.D.2d 815 (N.Y. App. Div. 2001). · Go Syfert
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Longshore v. Hoel Pond Landing, Inc., 284 A.D.2d 815 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2010–2012 · …adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor thereafter has assumed the attitude of hostility to any right in the real owner at p. 816 ✓
20 citation events (20 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Gordon v. Rich
N.Y. App. Div. · 2025 · confidence medium
"Initially, the 2008 amendments [to RPAPL article 5] apply in this matter because the record fails to demonstrate any 10-year period before their enactment that could have allowed [defendants'] title to vest" ( Hongwei Guan v EZC Carolinas, LLC , 222 AD3d 1086, 1087 [3d Dept 2023] [citations omitted]). [FN2] "Viewing the evidence in the light most favorable to plaintiff, as we must" ( Longshore v Hoel Pond Landing , 284 AD2d 815, 815 [3d Dept 2001], lv denied 97 NY2d 603 [2001]), defendant's father's possession of the disputed area began when the brothers' business began using it in 1963, pres…
discussed Cited as authority (rule) Mentiply v. Foster
N.Y. App. Div. · 2022 · confidence medium
What is perhaps most definitive, the trial evidence established that Alexander Mentiply and Charles Thomas enjoyed a long history of, at the very least, "neighborly cooperation and accommodation" from which permissive use may be inferred ( Bekkering v Christiana , 180 AD3d 1276, 1280 [2020] [internal quotation marks and citations omitted]; see McKeag v Finley , 93 AD3d 925, 927 [2012]; Susquehanna Realty Corp. v Barth , 108 AD2d 909, 909-910 [1985]), and plaintiff offered no evidence that, at any relevant time, Alexander Mentiply repudiated such permission through some overt, hostile act ( see…
discussed Cited as authority (rule) Bergmann v. Spallane
N.Y. App. Div. · 2015 · confidence medium
Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001]), or may be implied in the absence of express permission by the parties’ actions or, as previously noted, from the cordial nature of their relationship (see e.g.
discussed Cited as authority (rule) Bergmann v. Spallane
N.Y. App. Div. · 2015 · confidence medium
Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001]), or may be implied in the absence of express permission by the parties’ actions or, as previously noted, from the cordial nature of their relationship (see e.g.
discussed Cited as authority (rule) McKeag v. Finley (2×)
N.Y. App. Div. · 2012 · confidence medium
As to the presumption of hostility, when it is established that the initial use was permissive, “ ‘adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor thereafter has assumed the attitude of hostility to any right in the real owner’ ” (Longshore v Noel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001], quoting Hinkley v State of New York, 234 NY 309, 316 [1922]; accord Chaner v Calarco, 77 AD3d at 1218 ).
discussed Cited as authority (rule) Wilcox v. McLean
N.Y. App. Div. · 2011 · confidence medium
Where permission has been granted or can be inferred, “ ‘adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor thereafter has assumed the attitude of hostility to any right in the real owner’ ” (Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001], quoting Hinkley v State of New York, 234 NY 309, 316 [1922]).
discussed Cited as authority (rule) Chaner v. Calarco
N.Y. App. Div. · 2010 · confidence medium
Nevertheless, if it can be shown that the initial use was permissive, then “ ‘adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor thereafter has assumed the attitude of hostility to any right in the real owner’ ” (Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001], quoting Hinkley v State of New York, 234 NY 309, 316 [1922]).
discussed Cited as authority (rule) Chion v. Radziul
N.Y. App. Div. · 2009 · confidence medium
Thus, the defendants submitted evidence establishing that the plaintiff’s use of the gravel driveway portion of the purported right-of-way was not exclusive (see Shawangunk Conservancy v Fink, 305 AD2d 902, 903 [2003]; Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001]).
discussed Cited as authority (rule) Larsen v. Hanson
N.Y. App. Div. · 2009 · confidence medium
Just as where the possessor first enters property by permission rather than claim of right and must thereafter establish that “the initial permissive use was repudiated or renounced” (Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001]), we hold that, here, defendant had to demonstrate that his overt acknowledgment of plaintiffs’ ownership was expressly withdrawn or that defendant otherwise made it clear that he no longer believed plaintiffs owned the land before a new statutory period could commence.
discussed Cited as authority (rule) Eddyville Corp. v. Relyea
N.Y. App. Div. · 2006 · confidence medium
As applicable herein, a party claiming the defense of adverse possession must show by clear and convincing evidence that the “ ‘possession was hostile, under a claim of right, actual, open and notorious, exclusive of any other right and continuous for a period of 10 years’ ” (Shawangunk Conservancy v Fink, 305 AD2d 902, 903 [2003], quoting Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001] [citation omitted]; see Gorman v Hess, 301 AD2d 683, 684 [2003]).
discussed Cited as authority (rule) Ropitzky v. Hungerford (2×)
N.Y. App. Div. · 2006 · confidence medium
Moreover, when use ‘has been by permission or under some right or authority derived from the owner, adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor there after has assumed the attitude of hostility to any right in the real owner’ ” (Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001] [citation omitted], lv denied 97 NY2d 603 [2001], quoting Hinkley v State of New York, 234 NY 309, 316 [1922]).
discussed Cited as authority (rule) Shawangunk Conservancy, Inc. v. Fink
N.Y. App. Div. · 2003 · confidence medium
“A claim of adverse possession requires a showing by clear and convincing evidence that the claimant’s possession was hostile, under a claim of right, actual, open and notorious, exclusive of any other right and continuous for a period of 10 years” (Longshore v Hoel Pond Landing, 284 AD2d 815, 816 [2001], lv denied 97 NY2d 603 [2001] [citation omitted]; see Moore v City of Saratoga Springs, 296 AD2d 707, 709 [2002]; Albright v Beesimer, 288 AD2d 577, 578 [2001]). “[W]hen adverse possession is based on a written instrument, the adverse possessor’s occupation and possession of a portio…
Retrieving the full opinion text from the archive…
Joyce C. Longshore
v.
Hoel Pond Landing, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jun 28, 2001.
284 A.D.2d 815
III.
Cited by 15 opinions  |  Published
Crew III, J.

Appeals from an order and judgment and amended judgment of the Supreme Court (Moynihan, Jr., J.), entered September 3, 1999 in Franklin County, inter alia, upon a verdict rendered in favor of plaintiff.

In 1994 plaintiff, the owner of real property located on Hoel Pond in the Town of Santa Clara, Franklin County, commenced this action against defendants to quiet title claiming that she had acquired title to a certain dock by adverse possession.* Following joinder of issue and certain motions, a jury trial ensued and, at the close of plaintiffs evidence, Supreme Court granted a motion by defendant Hoel Pond Landing, Inc. (hereinafter defendant) to dismiss plaintiffs claim of adverse possession. At the same time, Supreme Court granted plaintiffs motion to amend her complaint to include a claim for a prescriptive easement. At the close of all the evidence, the jury returned a verdict for plaintiff finding that she had acquired a prescriptive easement over defendant’s land and to the dock. Plaintiff now appeals contending, inter alia, that Supreme Court erred in dismissing her adverse possession claim.

Viewing the evidence in the light most favorable to plaintiff, as we must (see, Baker v Shepard, 276 AD2d 873, 874-875), the record reveals that plaintiff purchased from defendant’s predecessor in title, Charles Vosburgh, a camp on Hoel Pond that was accessible only by boat. Plaintiff had a dock constructed on[*816] her lot, and Vosburgh told plaintiff that she could use his dock, located at Hoel Pond landing, to access her lot if she would permit him to use her dock to market the remaining lots on the pond owned by him. As various other persons purchased lots on the pond, they likewise used the dock at Hoel Pond landing to access their lots. The record makes plain that plaintiff principally, if not solely, maintained such dock and rebuilt it entirely in 1974 and 1988. Nevertheless, the record also makes clear that following each occasion that plaintiff rebuilt the dock, other owners of lots on the pond continued to use the dock for ingress and egress to their properties. In 1989, following Vosburgh’s death, the lot owners formed defendant corporation and purchased from the Vosburgh estate the property upon which the dock was situated. Thereafter, sometime in 1994, defendant apparently began interfering with plaintiffs use of the dock and, as a consequence, plaintiff commenced the instant action.

A claim of adverse possession requires a showing by clear and convincing evidence that the claimant’s possession was hostile, under a claim of right, actual, open and notorious, exclusive of any other right and continuous for a period of 10 years (see, Ray v Beacon Hudson Mtn. Corp., 88 NY2d 154, 159). Moreover, when use “has been by permission or under some right or authority derived from the owner, adverse possession does not commence until such permission or authority has been repudiated and renounced and the possessor thereafter has assumed the attitude of hostility to any right in the real owner” (Hinkley v State of New York, 234 NY 309, 316). Finally, “ ‘if the first possession is by permission it is presumed to so continue until the contrary appears’ ” (id., at 317, quoting Lewis v New York & Harlem R. R. Co., 162 NY 202, 220).

Here, it is clear that plaintiff derived her right to use the dock in question by permission from its owner, as did other lot owners on the pond. In addition, while it is clear that plaintiff maintained the dock and actually reconstructed it on two occasions, nothing in the record reflects that the initial permissive use was repudiated or renounced. Moreover, other lot owners used the dock to access their pond properties before and after plaintiffs reconstruction of the dock, which clearly contradicts any claim of exclusive use. Accordingly, Supreme Court’s order dismissing plaintiffs claim of adverse possession must be affirmed. We have considered plaintiffs remaining contentions and find them equally without merit.

Mercure, J. P., Peters, Carpinello and Rose, JJ., concur. Ordered that the order and judgment and amended judgment are affirmed, with costs.

In addition to defendant Hoel Pond Landing, Inc., plaintiff named as defendants Bernard R. Lipinskas, president of defendant corporation, as well as John Doe and Jane Doe. Prior to trial, however, plaintiff voluntarily discontinued her claims against the individual defendants.