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SHUTTLE CONTRACTING CORP. v. PEIKARIAN

2011-09219, Index No. 4399/11.

108 A.D.3d 516 (2013)

968 N.Y.S.2d 179

2013 NY Slip Op 5057

SHUTTLE CONTRACTING CORP., Appellant, v. BEHZAD PEIKARIAN et al., Respondents.

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

Decided July 3, 2013.

In an action, inter alia, for a judgment declaring that the defendants are not permitted to construct a driveway across that portion of the plaintiff's property known as "the bulge" in order to access the paved portion of a private road known as Dwight Lane, the plaintiff appeals from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered August 18, 2011, which granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(1) to dismiss...

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