ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05167
Area of lawReal Property
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05167
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id295

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.

Read how Law Watch works

Published September 2, 2026. Updated September 2, 2026.