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441 EAST 57TH STREET, LLC v. 447 EAST 57TH STREET CORP.

34 A.D.3d 378 (2006)

824 N.Y.S.2d 642

441 EAST 57TH STREET, LLC, Respondent, v. 447 EAST 57TH STREET CORP., Appellant.

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

Decided November 30, 2006.

The motion court properly granted plaintiff summary judgment on a record plainly intended to lay bare the parties' proof (see Four Seasons Hotels v Vinnik, 127 A.D.2d 310, 320-321 [1987]), and which raises no material issues of fact. Because defendant's predecessors in title demolished the building adjoining the party wall, which, under an 1867 party wall agreement, was to be located between two buildings on equal portions of adjacent...

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