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SAKELE BROS. v. SAFDIE

302 A.D.2d 20 (2002)

752 N.Y.S.2d 626

SAKELE BROTHERS, LLC, Appellant-Respondent, v. ROBERTA SAFDIE, Respondent-Appellant.

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

December 19, 2002.

Attorney(s) appearing for the Case

Peter A. Mahler of counsel (David P. Gillett on the brief; Derfner & Mahler, LLP, attorneys), for appellant-respondent.

M. Teresa Daley for respondent-appellant.

WILLIAMS, P.J., ANDRIAS, LERNER and RUBIN, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This action concerns two adjoining commercial properties on the west side of Broadway in lower Manhattan. Plaintiff owns the two-story building at 187 Broadway. Defendant owns the five-story building at 183 Broadway, to the immediate south of 187 Broadway. The buildings share a party wall, which, as the record establishes, is situated directly over the boundary between the two properties. The three-story disparity in height...

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