XXXX, L.P. v. 363 Prospect Place, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, pursuant to RPAPL article 15 for a judgment declaring that the plaintiff has an easement over property owned by the defendants, the defendants appeal from an order of the Supreme Court, Kings County (Edwards, J.), dated August 23, 2015, which granted the plaintiff’s motion for a preliminary injunction, denied the defendants’ cross motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and set an undertaking in the sum of only $10,000 pursuant to CPLR 6312 (b).
Ordered that the order is affirmed, with costs.
The plaintiff and the defendants own abutting…
2Cases cited24 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
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- Arcamone-Makinano v. Britton Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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