HUDSON SQUARE HOTEL, LLC v. STATHIS ENTERS., LLC

1627, 601279/08.

140 A.D.3d 664 (2016)

33 N.Y.S.3d 724

2016 NY Slip Op 05232

HUDSON SQUARE HOTEL, LLC, Respondent, v. STATHIS ENTERPRISES, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2016.


It is undisputed that a one-story building owned by defendant Stathis Enterprises, LLC, has encroached upon plaintiff's adjoining property since at least 1986, when Stathis's predecessor-in-interest bought the property with the building on it. Since that time, the building, which is accessible only through Stathis's and its related entities' offices, has been used exclusively by Stathis, its predecessor, and related entities. These facts establish the common-law elements...

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