BAITING HOLLOW PROPERTIES, LLC v. KNOLLS OF BAITING HOLLOW, LLC

2010-06044.

89 A.D.3d 776 (2011)

932 N.Y.S.2d 160

2011 NY Slip Op 8105

BAITING HOLLOW PROPERTIES, LLC, Respondent, v. KNOLLS OF BAITING HOLLOW, LLC, Appellant. RTA MANAGEMENT, INC., Proposed Intervenor-Appellant.

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

Decided November 9, 2011.


Ordered that the appeal by the proposed intervenor RTA Management, Inc., is dismissed as abandoned; and it is further;

Ordered that the order is reversed insofar as appealed from by the defendant, on the law, those branches of the plaintiff's motion which were for summary judgment on the first cause of action to declare that the plaintiff is the lawful owner of the subject property free of an easement claimed by the defendant...

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