Henry v. Khan

Summary

The Appellate Division, Second Department, affirmed an order granting Ehsan Khan summary judgment in an action to quiet title based on adverse possession. The court held that the complaint and proposed amended complaint failed to allege possession under a claim of right, and that the proposed amendments were patently devoid of merit. The matter was remitted for entry of a judgment declaring that the plaintiffs did not acquire title by adverse possession.

Holdings

1. The complaint failed to allege that plaintiffs possessed the property under a claim of right, and the proposed amended complaint pleaded facts that negated that element.
2. The Supreme Court properly granted Khan's cross-motion for summary judgment dismissing the complaint insofar as asserted against him and effectively declaring that plaintiffs did not acquire title to the property by adverse possession.
3. The Supreme Court providently exercised its discretion in denying plaintiffs' motion for leave to amend because the proposed amendments were patently devoid of merit.

Questions Presented

1. Whether plaintiffs adequately alleged possession under a claim of right sufficient to support an adverse-possession claim.
2. Whether summary judgment was properly granted to Khan dismissing the complaint and effectively declaring that plaintiffs did not acquire title by adverse possession.
3. Whether the Supreme Court properly denied plaintiffs' motion for leave to amend the complaint where the proposed amendments were patently devoid of merit.

Disposition

affirmed