Dekdebrun v. Kane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1645Memorandum: Plaintiffs and defendants own adjoining properties and, in 2009, plaintiffs commenced this action pursuant to RPAPL 871 seeking, inter alia, an order directing defendants to remove an exhaust fan from the rear wall of their restaurant. According to plaintiffs, the exhaust fan encroached on their property by approximately 1.5 feet and interfered with a staircase they had recently constructed on their property. Supreme Court erred in denying plaintiffs’ motion for partial summary judgment on the first cause of action, seeking the removal of the encroaching exhaust fan.
Based on the…
2Cases cited7 opinions
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