GOLDSCHMIDT v. FORD STREET, LLC


58 A.D.3d 803 (2009)

872 N.Y.S.2d 493

ALEXANDR GOLDSCHMIDT et al., Respondents, v. FORD STREET, LLC, et al., Appellants.

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

January 27, 2009.


Ordered that the order dated November 16, 2007, is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were for summary judgment dismissing the complaint and to vacate a preliminary injunction contained in the order dated December 12, 2005, are granted.

The plaintiffs and the defendant Ford Street, LLC (hereinafter Ford), own neighboring residential lots in Brooklyn. For more than 10 years prior to the commencement...

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