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LIVAS v. MITZNER

303 A.D.2d 381 (2003)

756 N.Y.S.2d 274

NIKI LIVAS, Respondent, v. MARK MITZNER, Appellant.

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

Decided March 3, 2003.

Ordered that the order is modified by (1) deleting the provision thereof declaring that the easement had been extinguished, and (2) adding thereto a provision granting the motion on condition that the plaintiff post an undertaking pursuant to CPLR 6312 (b), in an amount to be fixed by the Supreme Court, Suffolk County; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings...

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