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NORTH 7-8 INVS. v. NEWGARDEN

12376 /2013

43 Misc.3d 623 (2014)

982 N.Y.S.2d 704

2014 NY Slip Op 24051

In the Matter of NORTH 7-8 INVESTORS, LLC, Petitioner, v. MARK A. NEWGARDEN, Respondent.

Supreme Court, Kings County.

Decided February 26, 2014.

Attorney(s) appearing for the Case

Baritz & Colman, LLP, New York City ( Russell M. Wolfson of counsel), for petitioner.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City, for respondent.

OPINION OF THE COURT

WAYNE P. SAITTA, J.

Petitioner, North 7-8 Investors, LLC, moves this court pursuant to RPAPL 881 for an order granting petitioner a license to enter the adjoining property owned by respondent Mark A. Newgarden. Respondent cross-moved to dismiss the petition and for sanctions.

The petition is granted upon the terms and conditions set forth below and the cross motion is denied.

Petitioner, North 7-8 Investors, LLC, is the...

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