Miceli v. Riley
New York Supreme Court
79 A.D.2d 165, 436 N.Y.S.2d 72 (1981)
- Written by Tammy Boggs, JD
Facts
In 1951, Charles and Marie DeMare sold a one-acre parcel of unimproved land (the parcel) to Giacoma Miceli (plaintiff). In March 1955, Miceli recorded her deed on the parcel, and at all relevant times she paid property taxes. In June 1955, the DeMares apparently also deeded the parcel to the Selden Land Corporation (Selden). In August 1955, Selden recorded its deed. In 1969 and 1970, Selden built homes on the parcel and sold them to five different homeowners (defendants). The homeowners believed that Selden had good title to the parcel. The homeowners moved into their homes, made significant improvements, and established their families in the community. At some point after the homes were constructed, Miceli became aware of the encroachment. Prior to losing any property right through adverse possession, Miceli initiated an ejectment action against the homeowners, alleging their trespass on the parcel. Miceli also sought money damages. The trial court found that Miceli established her claim for trespass and was innocent of wrongdoing but declined to order ejectment and delivery of the parcel to Miceli. To alleviate the hardship on the homeowners, the court designed an equitable remedy, requiring Miceli to either sell the parcel to the homeowners at a specified price or take possession of the parcel but pay the homeowners certain sums, including the value of improvements. Miceli appealed.
Rule of Law
Issue
Holding and Reasoning (Mollen, J.)
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