August 30, 2023

A claim to quiet title.

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

41 Riv. Rd., LLC v. Bank of Am., N.A., NY Slip Op 04354 (2d Dep't August 23, 2023)

Here is the decision.