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GIANNASCA v. LIND

11011/11.

34 Misc.3d 227 (2011)

934 N.Y.S.2d 656

2011 NY Slip Op 21393

LISA GIANNASCA et al., Plaintiffs, v. DANIEL LIND et al., Defendants.

Supreme Court, Queens County.

November 10, 2011.

Attorney(s) appearing for the Case

Peterson Delle Cave LLP, New York City ( Duncan Peterson of counsel), for defendants.

Macron & Cowhey, P.C., New York City, for plaintiffs.

OPINION OF THE COURT

BERNICE D. SIEGAL, J.

It is hereby ordered that the motion is resolved as follows:

Defendants move for an order dismissing plaintiffs' verified complaint, with prejudice, pursuant to CPLR 3211 (a) (7) and RPAPL article 5.

Facts

The disputed area is located on a 3 foot by 100 foot track between 407 Beach 124th Street, Rockaway Park and 408 Beach 124th Street, Rockaway...

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