NICKOLSON v. CITY GARAGE OF ELLICOTTVILLE, INC.


78 A.D.2d 964 (1980)

Gerald M. Nickolson et al., Respondents, v. City Garage of Ellicottville, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 13, 1980


Order unanimously affirmed, without costs, on condition that plaintiffs' complaint is amended in accordance with memorandum within 20 days from the date of the order herein, and otherwise the order is reversed and the motion to dismiss granted.

Memorandum:

In this action for a declaration of easement arising by prescriptive use of real property, a temporary restraining order and, later, a preliminary injunction enjoining defendant from obstructing or blocking...

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