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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
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05299
Area of lawReal Property
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05299
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id518

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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Published September 16, 2026. Updated September 16, 2026.