Z&S Defeats Motion for Summary Judgment in Adverse Possession Case

Lee J. Lefkowitz and Jaclyn Cohen, representing a property owner in Ossining, defeated a neighbor’s property owner’s motion for summary judgment in a case seeking to litigate a boundary-line dispute. As a defense, Z&S raised a claim of adverse possession, which Judge Janet Malone agreed raised a triable issue of fact sufficient to preclude the plaintiff from obtaining an early victory. The case involves a complex application, tacked over a decade, of New York’s new adverse possession law, which otherwise could limit instances in which the doctrine can apply. The case is Alvarez v. Gill, No. 69465/2022 (Sup. Ct. Westchester Cnty.), and the decision is below.


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