O'NEILL v. PINKOWSKI

0783-2009.

41 Misc.3d 621 (2013)

971 N.Y.S.2d 204

2013 NY Slip Op 23306

RONALD O'NEILL et al., Plaintiffs, v. DANIEL L. PINKOWSKI et al., Defendants.

Supreme Court, Essex County.

Decided September 13, 2013.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains ( Donald G. Derrico of counsel), for plaintiffs.

Viscardi, Howe & Rudgers LLP, Ticonderoga ( Dominick J. Viscardi of counsel), for defendants.


OPINION OF THE COURT

TIMOTHY J. LAWLISS, J.

Plaintiffs commenced this action seeking a permanent injunction precluding defendants from operating a bed and breakfast on defendants' property. Plaintiffs moved for summary judgment and defendants cross-moved for dismissal, or in the alternative, summary judgment. The trial court granted plaintiffs' summary judgment motion and the defendants appealed. On appeal, the Appellate Division vacated the order granting...

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