Appellate Division of the Supreme Court of the State of New York June 3, 1996 (Groman v. Botar)

A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises was either "usually cultivated *413or improved” or "protected by a substantial inclosure” (RPAPL 522 [1], [2]), consistent with the property’s character, location, condition and potential uses (see, Morris v DeSantis, 178 AD2d 515; Birnbaum v Brody,