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JOSEPH POLCHINSKI CO. v. CEMETERY FLORAL CO., INC.

79 A.D.2d 648 (1980)

Joseph Polchinski Company et al., Appellants, v. Cemetery Floral Company, Inc., et al., Respondents

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

December 15, 1980

Order reversed, on the law, with $50 costs and disbursements, motion for a preliminary injunction granted and cross motion to dismiss denied.

The matter is remitted to Special Term to fix the amount of a bond (see CPLR 6312, subd [b]). In this action for the declaration of an easement in favor of the corporate plaintiff across land owned by the individual defendants and leased to the corporate defendant, defendants contend...

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