CYPRESS HILLS CEMETERY v. CITY OF NEW YORK


35 A.D.3d 788 (2006)

826 N.Y.S.2d 736

CYPRESS HILLS CEMETERY, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided December 26, 2006.


Ordered that the order and judgment is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on so much of its first cause of action as alleged an easement in the subject bridges and subject underpass, and substituting therefor a provision granting that branch of the motion, and by deleting the provision thereof granting that branch of the motion of the defendants City of New York and Iris Weinshal...

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