SNAPPER REALTY, LLC v. READE


33 A.D.3d 609 (2006)

821 N.Y.S.2d 472

SNAPPER REALTY, LLC, Respondent, v. DUANE READE et al., Appellants, and SUNOCO, INC. (R & M), Respondent.

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

Decided October 3, 2006.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the defendants' counterclaim for injunctive relief and to recover damages for trespass. The defendants failed to raise a triable issue of fact in response to the plaintiff's prima facie showing that neither it nor its employees entered upon or caused anyone to enter upon the defendants' property at any time (see Golonka v Plaza at Latham,<...

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