Franklyn A. Morgan, et al. v. Larry Suco, et al.

Summary

The Appellate Division, Second Department, affirmed dismissal of the plaintiffs' action, in effect under RPAPL article 15, seeking to quiet title concerning an alleged fence encroachment. The court held that the action was time-barred under CPLR 212(a) because the fence had been erected more than ten years before the action was commenced, and the plaintiffs failed to show that the limitations period was tolled or inapplicable.

Holdings

1. An action to recover real property or its possession, including the plaintiffs' action effectively brought under RPAPL article 15, was time-barred because the fence had been erected more than ten years before the action was commenced.
2. Dismissal under CPLR 3211(a)(5) was proper because the defendants established that the action was time-barred and the plaintiffs failed to raise a question of fact concerning tolling, applicability of the statute of limitations, or timely commencement.

Questions Presented

1. Whether an action effectively brought under RPAPL article 15 to quiet title and recover possession of real property was time-barred under CPLR 212(a).
2. Whether the plaintiffs raised a question of fact concerning tolling, inapplicability of the limitations period, or commencement of the action within the limitations period.

Disposition

affirmed