Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05167
Gooding v Bank of N.Y. Mellon
Read the official decision: 2026 NY Slip Op 05167
Holding The court affirmed the dismissal of the plaintiff’s quiet title action because she failed to establish that her possession of the property was hostile or under a claim of right. The evidence showed the plaintiff was a nominal owner under an agreement with the title holder, which negated the requisite hostile intent for adverse possession.
The court’s words
the plaintiff failed to adequately allege or show that she possessed the property under a claim of right
2026 NY Slip Op 05167, at the official text
the defendant established that the plaintiff could not have reasonably believed that the property belonged to her alone
2026 NY Slip Op 05167, at the official text
the nature of the agreement between the plaintiff and Mitchell demonstrated that the plaintiff's possession of the property was not hostile
2026 NY Slip Op 05167, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05167 |
| Area of law | Real Property |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05167 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 295 |
Recommended citation
ESQ HQ, New York Law Watch, Gooding v Bank of N.Y. Mellon, 2026 NY Slip Op 05167 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05167/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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