Fallsburg Fishing & Boating Club, Inc. v. Spiegel

Appeal from an order of the Supreme Court (Clemente, J.), entered July 28, 2003 in Sullivan County, which, inter alia, denied defendant’s motion for summary judgment on his counterclaims.

In this action to enforce an easement permitting plaintiff to construct a retaining wall on defendant’s property, Supreme Court granted plaintiff a preliminary injunction, required an undertaking of $150,000 and set a deadline for construction of the wall. When plaintiff missed the deadline, defendant moved for summary judgment awarding him the undertaking. Supreme Court denied defendant’s motion. Defendant…