January 17, 2018

An action to quiet title.

In order to maintain the cause of action, a plaintiff must allege (1) actual or constructive possession of the property, and (2) a removable cloud on the property, which is an apparent title to the property, such as in a deed or other instrument, that is invalid or inoperative.

Case:  Cudjoe v. Boriskin, NY Slip Op 00117 (2d Dep't January 10, 2017)

Here is the decision.