Gaglioti v. Schneider

In Gaglioti v. Schneider, 272 AD2d 436 (2 Dept. 2000) the adverse possessor laid sod and planted bushes on the front portion of a disputed strip of land between neighboring properties. On the back portion of the disputed strip the adverse possessor constructed a concrete walkway. The trial court determined that the adverse possessor had satisfied the elements of adverse possession for the front portion, but not the back portion, of the disputed strip. The Appellate Division, Second Department, reversed in part, holding that the adverse possessor's cultivation and improvement of the back portion-- consisting of a walkway inlaid with decorative bricks and additional shrubs lining its edges--were "consistent with the property's character, location, condition, and potential uses." (Gaglioti, 272 AD2d at 437, 707 NYS2d at 241.)