The team at Shiryak, Bowman, Anderson, Gill & Kadochnikov (SBAGK) recently secured a dismissal for a corporate client who purchased real property in Queens County.
This case highlights the firm’s dedication to protecting clients’ property interests and securing swift, favorable resolutions in complex real estate disputes.
After acquiring the property “as-is,” our client initiated a landlord-tenant proceeding to evict an occupant residing on the property. In response, the occupant filed a Supreme Court action, seeking to claim adverse possession and requesting an order to halt all eviction proceedings until the Supreme Court case could be resolved. To further complicate matters, the occupant also filed a notice of pendency, clouding the property’s title and effectively blocking any future transactions.
The occupant claimed that a family member had promised them ownership of the property—though there was no written agreement to support this.
Partner Dustin Bowman and Senior Associate Matthew Routh acted quickly, filing a pre-answer motion to dismiss the occupant’s claim. They argued that the occupant failed to establish a legally valid cause of action for adverse possession.
Specifically, the occupant did not demonstrate the necessary elements of “hostility” or a “under a claim of right” since his own statements showed he was given permission to reside at the property.
The trial court agreed, dismissing the entire action and ordering the cancellation of the notice of pendency. This ruling not only removed the cloud on the client’s property title but also reinforced the importance of clear, written agreements in real estate matters.
The decision can be read below.
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