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BME THREE TOWERS, INC. v. 225 EAST REALTY CORP.

3 A.D.3d 444 (2004)

772 N.Y.S.2d 7

BME THREE TOWERS, INC., et al., Respondents, v. 225 EAST REALTY CORP. et al., Appellants.

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

January 27, 2004.

This is an action seeking ejectment from an approximately 40 foot by 150 foot area (the encroached area) in the northeast portion of a 6.3 acre parcel on East 134th Street between Park Avenue and the Major Deegan Expressway in the Bronx adjoining another parcel now owned by defendant 225 East Realty Corp. and occupied by defendant Bridge Building Supply. It is undisputed that at the time 225 East Realty acquired its parcel, the encroached area was not included in the metes...

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