FALLSBURG FISHING & BOATING CLUB, INC. v. SPIEGEL


9 A.D.3d 765 (2004)

780 N.Y.S.2d 437

FALLSBURG FISHING & BOATING CLUB, INC., Respondent, v PHILIP SPIEGEL, Appellant.

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

July 22, 2004.


ROSE, J.

In this action to enforce an easement permitting plaintiff to construct a retaining wall on defendant's property, Supreme Court granted plaintiff a preliminary injunction, required an undertaking of $150,000 and set a deadline for construction of the wall. When plaintiff missed the deadline, defendant moved for summary judgment awarding him the undertaking. Supreme Court denied defendant's motion. Defendant appeals and we affirm.

Supreme Court correctly...

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