DIMARZO v. FAST TRAK STRUCTURES, INC.


298 A.D.2d 909 (2002)

747 N.Y.S.2d 637

ANTHONY M. DIMARZO, Respondent, v. FAST TRAK STRUCTURES, INC., Defendant, and WEBSTER PROPERTIES, LLC, et al., Appellants.

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

Decided October 1, 2002.


It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the permanent injunction is vacated and the amended complaint is dismissed.

Memorandum:

In 1997 defendant Fast Trak Structures, Inc. (Fast Trak) purchased property (Nissan parcel) directly to the west of plaintiff's property and, according to plaintiff, Fast Trak improved the Nissan parcel by constructing a building thereon...

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