EDITH LINDBERGH, res, v. SHLO 54, LLC ap — (INDEX NO. 28985/11) In an action, inter alia, pursuant to RPAPL article 15 for a judgment declaring that the plaintiff acquired title to certain real property by adverse possession, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated August 22, 2012, as granted the plaintiff’s motion, in effect, for summary judgment on the first cause of action declaring that the plaintiff is the owner of certain real property by adverse possession, and denied those branches of their cross motion pursuant to CPLR 3211(a) which were to dismiss the first cause of action and the plaintiff’s demand for punitive damages, and (2) from an order of the same court dated August 20, 2013, which denied their motion for leave to renew their opposition to the plaintiff’s motion and to renew that branch of their cross motion pursuant to CPLR 3211(a) which was to dismiss the first cause of action, and for sanctions pursuant to 22 NYCRR 130-1.1.
ORDERED that the order dated August 20, 2013, is modified, on the law, by deleting the provision thereof denying those branches of the defendants’ motion which were for leave to renew their opposition to the plaintiff’s motion, in effect, for summary judgment on the first cause of action declaring that the plaintiff is the owner of certain real property by adverse possession, and to renew that branch of their cross motion which was pursuant to CPLR 3211(a) to dismiss the first cause of action, and substituting therefor a provision granting those branches of the defendants’ motion, and, upon renewal, vacating the determinations in the order dated August 22, 2012, granting the plaintiff’s motion, in effect, for summary judgment on the first cause of action declaring that the plaintiff is the owner of certain real property by adverse possession and denying that branch of the defendants’ cross motion pursuant to CPLR 3211(a) which was to dismiss the first cause of action, and thereupon, denying the plaintiff’s motion and granting that branch of the defendants’ cross motion; as so modified, the order dated August 20, 2013, is affirmed; and it is further,