A New York court has ruled in favor of homeowners Beth A. Levine and others against Stellar 341, LLC, affirming their claim to a disputed strip of land in Brooklyn. The Appellate Division of the Supreme Court of the State of New York issued the decision on September 16, 2026, in case number 2024-12259. This ruling is significant as it addresses issues of property rights and adverse possession, which can affect homeowners across the state.
The case began when Levine and her co-plaintiffs filed a lawsuit to quiet title to real property and seek related declaratory relief. They claimed ownership of a strip of land that is approximately 15 to 18 feet long, which borders a tunnel used by the New York City Transit Authority. This tunnel is built on land owned by Stellar 341, LLC, and is maintained by the Transit Authority through an unrecorded easement. The plaintiffs asserted that they have occupied the disputed property since 1965, fully enclosing it as part of their backyard.
The dispute escalated when Stellar 341, LLC, filed a motion to dismiss the complaint, arguing that the plaintiffs did not have a valid claim to the property. The Supreme Court of Kings County, presided over by Justice Joy F. Campanelli, denied this motion on September 23, 2024. The defendant then appealed the decision, leading to the current ruling by the Appellate Division.
The court ruled that the plaintiffs had sufficiently stated a cause of action for adverse possession. The judges emphasized that "the pleading is afforded a liberal construction and the court must give the party the benefit of every possible favorable inference." The ruling noted that the plaintiffs had alleged their possession of the disputed property was hostile, actual, open and notorious, exclusive, and continuous for the required period of ten years.
Moreover, the court determined that the evidence presented by Stellar 341 did not conclusively refute the plaintiffs' claims. The judges stated that "the evidence submitted by the defendant failed to establish that a material fact claimed by the plaintiffs was not a fact at all and that no significant dispute exists regarding it." This indicates that the court found the plaintiffs' claims credible and worthy of further examination.
In addition to adverse possession, the court also considered the doctrine of practical location. The judges explained that this doctrine allows for a boundary line to be recognized based on mutual acquiescence and long-standing use. They found that the plaintiffs had adequately demonstrated that the disputed property had been enclosed as part of their backyard since at least 1965, which was visible from the defendant's property.
The ruling has implications for homeowners and property disputes in New York. It reinforces the principles of adverse possession and practical location, which can help individuals secure ownership of land they have used and maintained over time. This case may serve as a reference for future disputes involving similar claims, particularly in urban areas where property boundaries can be ambiguous.
As for what comes next, it is unclear if Stellar 341, LLC, will seek further legal action. The court's decision can potentially be appealed to a higher court, but details about any such plans were not available in the court filing. The outcome of this case could influence how property rights are viewed in New York, especially regarding longstanding claims of ownership.