Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05299
Levine v Stellar 341, LLC
Read the official decision: 2026 NY Slip Op 05299
Holding The Supreme Court properly denied the defendant’s motion to dismiss because the plaintiffs sufficiently alleged facts supporting claims for adverse possession and the doctrine of practical location. The evidence submitted by the defendant did not constitute documentary evidence sufficient to utterly refute the plaintiffs’ factual allegations.
The court’s words
the plaintiffs stated a cause of action for adverse possession
2026 NY Slip Op 05299, at the official text
the plaintiffs sufficiently stated a cause of action for ownership pursuant to the doctrine of practical location
2026 NY Slip Op 05299, at the official text
those documents were insufficient to utterly refute the allegations in the complaint
2026 NY Slip Op 05299, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05299 |
| Area of law | Real Property |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05299 |
| 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 | 518 |
Recommended citation
ESQ HQ, New York Law Watch, Levine v Stellar 341, LLC, 2026 NY Slip Op 05299 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05299/
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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