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113-11 PARTNERS, INC. v. SURUJDYAL

50 A.D.3d 988 (2008)

858 N.Y.S.2d 206

113-11 PARTNERS, INC., Respondent, v. RUPNARIAN SURUJDYAL, Appellant, et al., Defendant.

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

Decided April 22, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff established its entitlement to summary judgment on the complaint and dismissing the appellant's counterclaims sounding in adverse possession by showing that the appellant interfered with its use of a recorded easement and had not extinguished the easement by adverse possession (see DuMaurier v Lindsay-Bushwick Assoc., L.P., 39 A.D.3d 460, 461 [2007]; McGinley...

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