NURSE v. RIOS

2015-09712 Index No. 508788/14.

160 A.D.3d 888 (2018)

76 N.Y.S.3d 70

2018 NY Slip Op 02640

Patrick Nurse, Appellant, v. Edna Rios, Respondent, et al., Defendants.

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

Decided April 18, 2018.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Edna Rios which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against her is denied.

"To maintain a cause of action to quiet title [to real property], a plaintiff must allege actual or constructive possession of the property and the existence of a removable cloud on the property, which is an apparent title to the property, such...

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