Carrasquillo v. SEB Development, LLC

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 9, 2009 in a real prop*1600erty action. The order denied the motion of defendant for partial summary judgment dismissing plaintiffs’ first cause of action.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the first cause of action is dismissed.

Memorandum: Plaintiffs own property in the City of Buffalo that adjoins property owned by defendant, and they commenced this action seeking, inter alia, to enjoin defendant from…