City of N.Y. v. Hunts Point Auto Wreckers

Full title: CITY OF NEW YORK, Respondent, v. HUNTS POINT AUTO WRECKERS, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1992

180 A.D.2d 603 (N.Y. App. Div. 1992)

580 N.Y.S.2d 313

Opinion

February 27, 1992

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).

Plaintiff-City sought removal of a structure erected by defendant underneath and attached to the Westchester Avenue Bridge claiming that it constituted a trespass and encroachment on City property. Since the City submitted uncontroverted documentary proof of title to the property on which defendant built the structure, summary judgment was properly granted (see, Berman v. Golden, 131 A.D.2d 416). The evidence proffered by defendant that Amtrak owned the property on which the structure is located and that it leased this property to defendant was merely conjectural and insufficient to defeat summary judgment, especially in light of Amtrak's denial of said ownership.

Concur — Milonas, J.P., Ellerin, Ross, Asch and Kassal, JJ.