Smiley Realty of Brooklyn, LLC v. Excello Film Pak, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff has an easement by prescription over certain property owned by the defendant, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated May 15, 2008, as, in effect, granted that branch of the plaintiff’s motion which was for leave to amend its complaint to add a cause of action for a judgment declaring that the plaintiff has an easement by necessity, and denied its cross motion for summary judgment.
Ordered that the order is reversed insofar as appealed…
2Cases cited9 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- G.K. Alan Assoc., Inc. v. LazzariAppellate Division of the Supreme Court of the State of New York · 2007
- Simone v. HeidelbergNew York Court of Appeals · 2007
- GK Alan Assoc., Inc. v. LazzariNew York Court of Appeals · 2008
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