PARK SLOPE AUTO CENTER, INC. v. PAPA

2018-13463. Index No. 500990/18.

190 A.D.3d 754 (2021)

139 N.Y.S.3d 641

2021 NY Slip Op 00181

Park Slope Auto Center, Inc., Appellant, v. Philip Papa et al., Respondents.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

Moulinos & Associates, LLC, New York, NY ( Peter Moulinos and Daniel Levinas of counsel), for appellant.

Pryor Cashman, LLP, New York, NY ( Eric D. Sherman , Bryan T. Mohler , and Benjamin S. Akley of counsel), for respondents.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the complaint, and adding thereto a provision deeming that branch of the defendants' motion to be for a judgment declaring that the plaintiff did not acquire title to the subject real property by adverse possession, and thereupon granting that branch of the motion; as so modified, the order is affirmed...

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