FINEGAN FAMILY, LLC v. 77 HORATIO STREET CONDOMINIUM


38 A.D.3d 365 (2007)

830 N.Y.S.2d 899

FINEGAN FAMILY, LLC, Appellant, v. 77 HORATIO STREET CONDOMINIUM et al., Respondents.

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

Decided March 20, 2007.


Plaintiff, owner of the two top-floor apartment units, was granted an easement for the use of certain portions of the roof. Defendants decided to replace the roof and directed plaintiff to remove plants and furniture it had placed there. Plaintiff sought to enjoin defendants from taking any actions affecting its use of the roof. Defendants counterclaimed for a permanent injunction, inter alia, requiring plaintiff to remove its items from the roof.

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