Coscina v. DiPetrilloAnnotate this Case
The Supreme Court vacated the decision of the superior court granting summary judgment in favor of Plaintiffs on count one of Plaintiffs’ complaint sounding in adverse possession, holding that granting summary judgment in light of obvious disputed material facts was erroneous.
Plaintiffs filed an amended complaint requesting that they be adjudged the rightful owners of certain property by virtue of adverse possession and seeking injunctive and declaratory relief. Defendants filed a counterclaim seeking to quiet title with respect to the disputed areas. A hearing justice granted Plaintiffs’ motion for summary judgment solely as to the adverse possession count. The Supreme Court vacated the judgment, holding that there were genuine issues of material fact as to the boundaries of the disputed areas that were not capable of resolution under Rule 56 of the Superior Court Rules of Civil Procedure.