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CEMETERY v. CITY OF NEW YORK

2008-06755

67 A.D.3d 853 (2009)

889 N.Y.S.2d 249

2009 NY Slip Op 08578

CYPRESS HILLS CEMETERY, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff does not have the right to use its easement by implication to cross the Jackie Robinson Parkway at grade level (see RPAPL 1521 [1]).

This is the second action commenced by the plaintiff arising out of the condemnation of a portion of its land by the City of New York for...

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