KELLY v. BASTIANIC

2011-00595.

93 A.D.3d 691 (2012)

940 N.Y.S.2d 152

2012 NY Slip Op 1798

MARK KELLY et al., Respondents-Appellants, v. ROSEMARY BASTIANIC et al., Appellants-Respondents.

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

Decided March 13, 2012.


Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, those branches of the plaintiffs' cross motion which were for summary judgment to enjoin the defendants from trespassing on their property and on their declaratory judgment cause of action are granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that...

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