Mar-Los I. L.P. v. Waste Management of New York City, L.P.

—In an action, inter alia, for a judgment declaring that the defendant has no right to use a certain railroad crossing without the plaintiffs permission, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Schulman, J.), dated January 5, 2001, which, inter alia, denied the defendant’s motion for summary judgment dismissing the complaint, granted in part the plaintiffs cross motion for summary judgment, and declared that the plaintiff had the exclusive right to use the railroad crossing pursuant to a licensing agreement granted by the Long Island…