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PONITO RESIDENCE v. 12TH ST. APARTMENT CORP.

111540/11.

38 Misc.3d 604 (2012)

959 N.Y.S.2d 376

2012 NY Slip Op 22315

PONITO RESIDENCE LLC, Plaintiff, v. 12TH STREET APARTMENT CORP., Defendant.

Supreme Court, New York County.

October 23, 2012.

Attorney(s) appearing for the Case

Charles E. Boulbol, P.C., New York City ( Charles E. Boulbol and Thomas J. Lane of counsel), for plaintiff. Cantor, Epstein & Mazzola, LLP, New York City ( Robert I. Cantor and Ayana M. Robertson of counsel), for defendant.

OPINION OF THE COURT

JOAN A. MADDEN, J.

Plaintiff Ponito Residence LLC (Ponito) commenced this proceeding seeking a preliminary injunction against defendant 12th Street Apartment Corp. (12th Street Corp.) requiring the removal of the portion of a sidewalk bridge erected by 12th Street Corp., which is situated upon Ponito's real property. Ponito alternatively requests to have this action converted to a license proceeding under RPAPL 881 and to have the court...

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