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LEVIN v. 117 LIMITED PARTNERSHIP

291 A.D.2d 304 (2002)

738 N.Y.S.2d 50

KATHY LEVIN et al., Respondents, v. 117 LIMITED PARTNERSHIP et al., Appellants.

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

Decided February 21, 2002.

Both parties have requested that we consider the issue of plaintiffs' claimed easement to light and air. Moreover, where a motion for summary judgment has been made, this Court can search the record and grant summary judgment to any party, including a nonmoving party (CPLR 3212 [b]), even in the absence of an appeal by the non-moving party (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 N.Y.2d 106).

Plaintiffs lack entitlement...

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