Bank of America, N.A. v. 414 Midland Avenue Associates, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to quiet title to the plaintiffs alleged one-third interest in certain real property, to be restored to possession of the property, and for damages, the defendants 414 Midland Avenue Associates, LLC, and Provident Bank appeal from stated portions of an order of the Supreme Court, Westchester County (Smith, J.), dated July 16, 2009, which, inter alia, granted those branches of the plaintiffs motion pursuant to CPLR 3211 (b) which were to dismiss their affirmative defenses of ouster, adverse possession, failure to state a cause of action, a defense *747founded on documentary evidence,…
2Cases cited15 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Walling v. PrzybyloNew York Court of Appeals · 2006
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- Greco v. ChristoffersenAppellate Division of the Supreme Court of the State of New York · 2010
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- Wallace v. BSD-M Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Wilds v. HeckstallAppellate Division of the Supreme Court of the State of New York · 2012
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