GOLD v. BERKOWITZ


235 A.D.2d 455 (1997)

652 N.Y.S.2d 992

David L. Gold et al., Respondents, v. Steven Berkowitz et al., Appellants

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

January 21, 1997


Ordered that the order is modified by deleting the provision granting the plaintiffs' motion for a preliminary injunction and substituting therefor a provision denying the plaintiffs' motion for a preliminary injunction; as so modified, the order is affirmed, without costs or disbursements.

The plaintiffs assert an easement over a portion of the defendants' property adjacent to their own in order to access a piazza on their property. The plaintiffs allege that they...

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