KB OPERATING, LLC v. BRIGGS


58 A.D.3d 689 (2009)

871 N.Y.S.2d 676

KB OPERATING, LLC, Doing Business as INDIA CAFE & GRILL, Respondent, v. MARGARET W. BRIGGS, et al., Appellants.

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

January 20, 2009.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion to enforce the order and judgment dated November 28, 2005 is denied, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The defendants own real property located at 61 and 67 Old Route 22 in Armonk, designated on the Town of North Castle tax map as section 2, block 11, lots 9-2 and 9-4, respectively. Under a lease dated June...

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