Partner Dustin Bowman and Senior Associate Matthew Routh secured a recent appellate victory in an ejectment action.
The case, handled by Shiryak, Bowman, Anderson, Gill, and Kadochnikov (SBAGK), highlights the importance of skilled representation in property disputes.
The firm initiated a Supreme Court ejectment action on behalf of a property owner against a squatter who was occupying the property without the client’s consent.
Therefore Dustin and Matthew filed a motion for summary judgment, asserting that there were no factual disputes, as it was clear the client owned the property and the squatter had no legal right to remain.
However, the trial court initially denied the motion, citing that “triable issues of fact” prevented summary judgment. Undeterred, Dustin and Matthew appealed this decision, bringing the case before the First Department appellate court.
Subsequently on appeal, the First Department reversed the trial court’s ruling, agreeing with SBAGK’s position. The appellate court granted the motion for summary judgment, stating that the plaintiff had established a clear entitlement to judgment and that no issues of fact were raised to challenge the plaintiff’s case.
The decision can be read below.
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