M.S.B. DEVELOPMENT COMPANY, INC. v. LOPES


38 A.D.3d 723 (2007)

832 N.Y.S.2d 95

M.S.B. DEVELOPMENT COMPANY, INC., Respondent, v. FRANCES LOPES et al., Defendants, and ROBERT BRIGANDI et al., Appellants.

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

Decided March 20, 2007.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was for summary judgment against the appellants is denied, upon searching the record, summary judgment is awarded to the appellants dismissing the complaint insofar as asserted against them, so much of the order as denied the appellants' motion to resettle the order and judgment except to the extent of directing the grant of an easement to the...

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