PANAGIOTOU v. SAMARITAN VILLAGE, INC.

2011-05089

88 A.D.3d 779 (2011)

930 N.Y.S.2d 897

2011 NY Slip Op 7209

DIMITRIUS PANAGIOTOU et al., Respondents, v. SAMARITAN VILLAGE, INC., et al., Appellants.

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

Decided October 11, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiffs own a building in Richmond Hill, Queens, adjacent to a lot owned by the defendants, Samaritan Village, Inc., and Samaritan Foundation, Inc. (hereinafter together Samaritan). In 2003, Samaritan constructed a new building on its property. In April 2006 the plaintiffs commenced an action against, among others...

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