Nature of the Case
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Facts
The property subject to this claim of adverse possession was a cottage atop Mt. Beacon in the town of Fishkill. The parcel sits as part of a 156-acre site that was once a thriving resort community comprising 21 seasonal residences, a casino, a hotel, and power plant. All the neighboring structures have been destroyed by vandalism, fire or general neglect. Ray came into possession of the premises by an assignment of lease. Ray purchased the cottage and paid rent for the underlying property. The lessor terminated the lease of all occupants of the community pursuant to an option clause in the lease contract. Ray was ordered to vacate and did so. She died in October 1962 never having paid the reasonable value of the cottage. The property was sold, and then Colonel Ray (P) reentered the premises and occupied the house formerly inhabited by his mother. P occupied the property for one month each year from 1963 to 1988. P paid taxes and maintained fire insurance, installed telephone and electric service and claimed the site as a voting residence. P took steps to prevent vandalism and posted no trespassing signs and secured his cottage from vandalism. On several occasions, P prosecuted vandals on the property. Beacon (D) eventually acquired the property in 1978 from a sheriff's sale for nonpayment of taxes. P sued under adverse possession in 1988. The court held that P was the rightful owner and was also entitled to an easement by prescription. The Appellate Division reversed; the element of continuous possession could not be satisfied by seasonal usage. P appealed.
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