DAVI v. ALHAMIDY


207 A.D.2d 859 (1994)

616 N.Y.S.2d 648

Giovanni Davi et al., Respondents, v. Mohammed Alhamidy et al., Appellants, and Queens Surface Corp. et al., Respondents

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

September 26, 1994


Ordered that the order is modified, on the law, by deleting the provision which denied the motion by Milton Fishel and Peter Stathatos for summary judgment and substituting therefor a provision granting summary judgment dismissing the complaint against these defendants and severing the action against the remaining defendants; as so modified, the order is affirmed, without costs or disbursements.

It is well settled that an owner of land abutting on a public

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