Legal Opinion

Franklin Park Plaza, LLC v. V & J National Enterprises, LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 2008PublishedCited by 5 opinions

1Opinion of the Court

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, defendant’s alleged unauthorized use of plaintiff s property that is commonly known as the Franklin Park Plaza. The property is improved with a small shopping plaza that has a common parking area, and the plaza is accessed by way of a driveway on Kinne Street and two additional *1451driveways on Kirkville Road. Adjacent to the shopping plaza is a smaller parcel of land that contains a Pizza Hut restaurant (Pizza Hut parcel) operated by defendant pursuant to a lease that was assigned to the current owner of the property by…

2Cases cited11 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Willow Tex, Inc. v. DimacopoulosNew York Court of Appeals · 1986
  3. Webster v. RagonaAppellate Division of the Supreme Court of the State of New York · 2004
  4. Goldsmith v. KnappAppellate Division of the Supreme Court of the State of New York · 1996
  5. Clements v. SchultzAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by5 opinions

  1. SICIGNANO, III, HENRY v. DIXEY, LARAMIE N.Appellate Division of the Supreme Court of the State of New York · 2015
  2. FORTI, JAMES J. v. PORTVILLE FOREST PRODUCTS, INC.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Forti v. Portville Forest Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Wood v. Village of Painted PostAppellate Division of the Supreme Court of the State of New York · 2023
  5. New York Land Dev. Corp. v. BennettAppellate Division of the Supreme Court of the State of New York · 2018

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