Villanova Estates, Inc. v. Fieldston Property Owners Ass'n

*161Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered September 15, 2004, which granted defendants’ preanswer motion to dismiss 11 of the 17 causes of action of the first amended complaint, unanimously modified, on the law, to the extent of reinstating the second, fifth, twelfth, thirteenth, fourteenth and sixteenth causes of action, and otherwise affirmed, without costs.

In this action concerning the right of access to property and sewer rights between a land developer and a property owner’s association and its members, the motion court properly dismissed plaintiffs fifteenth…