GREEN HARBOUR HOMEOWNERS' ASSOCIATION, INC. v. ERMIGER

506973.

67 A.D.3d 1116 (2009)

889 N.Y.S.2d 687

2009 NY Slip Op 07918

GREEN HARBOUR HOMEOWNERS' ASSOCIATION, INC., Respondent, v. KENNETH ERMIGER, Appellant. (And a Third-Party Action.)

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

Decided November 5, 2009.


Kane, J.

Third-party defendants, the sponsors of the Green Harbour subdivision, conveyed certain lots in the subdivision to defendant. Plaintiff commenced this action seeking a declaration that it was the true owner of some of those lots and for damages due to defendant's trespass on those lots.*

As relevant to this appeal, defendant constructed townhouses on certain lots that he owned. After plaintiff rejected defendant's request...

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