MERLING v. ASH DEV., LLC

2019-07035. Index No. 719085/18.

198 A.D.3d 746 (2021)

152 N.Y.S.3d 631

2021 NY Slip Op 05554

Esther Merling, Appellant, v. Ash Development, LLC, et al., Respondents, et al., Defendant.

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

Decided October 13, 2021.


Attorney(s) appearing for the Case

Klein Slowik, PLLC, New York, NY ( J. Michael Gottesman and Christopher M. Slowik of counsel), for appellant.

Rosenberg Calica & Birney, LLP, Garden City, NY ( Robert M. Calica and Judah Serfaty of counsel), for respondents.

Chambers, J.P., Duffy, Iannacci and Wooten, JJ., concur.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

In December 2018, the plaintiff commenced an action pursuant to article 15 of the Real Property Actions and Proceedings Law seeking to quiet title as to a window well that she alleged she gained possession of via adverse possession and a declaratory judgment that the defendants' easement over the westerly wall of the plaintiff's residence is extinguished. Concurrently, by order to show...

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