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E.M.R. MANAGEMENT CORP. v. HALSTEAD HARRISON ASSOCIATES

299 A.D.2d 393 (2002)

749 N.Y.S.2d 569

E.M.R. MANAGEMENT CORP., Doing Business as FAMILY DISCOUNT CENTER, Respondent, v. HALSTEAD HARRISON ASSOCIATES, Appellant.

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

Decided November 12, 2002.

Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding an attorney's fee; as so modified, the judgment is affirmed, without costs or disbursements.

It is well settled that the law favors the free and unobstructed use of real property (see Huggins v Castle Estates, 36 N.Y.2d 427; Sunrise Plaza Assoc. v International Summit Equities Corp., 152 A.D.2d 561

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