Wild Oaks, LLC v. Beehan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to permanently enjoin the defendants from utilizing a portion of a common driveway that traverses the plaintiffs property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Fastoressa, J.), dated August 21, 2009, which denied its motion for a preliminary injunction and granted those branches of the defendants’ cross motion which were to dismiss the complaint pursuant to CFLR 3211 (a) (1) and, in effect, to cancel a notice of pendency.
Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the…
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