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VAN VALKENBURGH v. LUTZ

278 A.D. 983 (1951)

Marion L. Van Valkenburgh, Plaintiff, and Joseph D. Van Valkenburgh, Appellant, v. Mary Lutz, Individually and as Executrix of William Lutz, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1951.

Judgment affirmed, with costs.

No opinion.

Nolan, P. J., dissents and votes to reverse the judgment, to dismiss respondent's counterclaim and to grant judgment to appellant Joseph Van Valkenburgh, with the following memorandum:

In my opinion the evidence was insufficient to establish occupation or possession of the lots in suit by respondent or her deceased husband for such a time or in such a manner as to establish title by adverse possession...

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