Real Property Law

In an estate’s action for partition and sale of real property, co-owner appealed from Supreme Court’s denial of her motion for summary judgment on her counterclaim alleging that she had acquired title by adverse possession, and granting the motion of a purchaser from the decedent’s heirs dismissing the adverse possession claim against them. The Appellate Division modified, holding that questions of fact precluded summary judgment on the adverse possession claim.

Foote and Geoffrey Aiken purchaser Brooklyn property as tenants in common in 1973. Foote died intestate in 1977 and no one claimed his interest in the property. Aiken managed the property until his death in 1994, and he devised his property to his wife, Enid, who has continued to manage the property and collect rent. In 2013, she sought to appoint a public administrator to administer Foote’s estate. Three years later, the public administrator, acting on behalf of Foote’s estate, brought an action for partition and sale. Enid Aiken counterclaimed, alleging that she had acquired sole title by adverse possession. Third parties who had obtained conveyances from Foote’s alleged heirs, appeared to assert an ownership interest. Aiken moved for summary judgment, seeking dismissal of the complaint, seeking judgment on her adverse possession counterclaim, and seeking judgment on her third-party complaint against the claimant’s through the Foote heirs. Supreme Court denied Aiken’s summary judgment motion and granted summary judgment to the purchasers from the Foote heirs. Aiken appealed.