Second Department Affirms Denial of Motion to Dismiss in Levine v. Stellar 341, LLC

October 8, 2026

On September 16, 2026, HS Partner Adam Oppenheim delivered a significant win for our clients in Levine v. Stellar 341, LLC.  The Appellate Division, Second Department, unanimously affirmed the denial of Stellar’s motion to dismiss, allowing our clients’ claims to ownership of a disputed strip of Brooklyn property to proceed.

Mr. Oppenheim successfully argued that the allegations were sufficient to state claims under two long-standing doctrines: adverse possession and practical location.

“This is a reminder that the esoteric things you studied in law school can have very practical applications,” said Mr. Oppenheim. “Our success in this case reflects our firm’s approach of building strategy through hard work and experience.”

Read the decision here.