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IRONWOOD, L.L.C. v. JGB PROPERTIES, LLC

678 CA 15-00079

130 A.D.3d 1527 (2015)

14 N.Y.S.3d 248

2015 NY Slip Op 06055

IRONWOOD, L.L.C., Respondent-Appellant, et al., Plaintiff, v. JGB PROPERTIES, LLC, Appellant-Respondent. (Appeal No. 2.)

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

Decided July 10, 2015.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Ironwood, L.L.C. (plaintiff) is the successor in interest to an easement granting a "permanent right of way for a railroad spur track" over property owned by defendant. The spur track connected plaintiff's property with the main railway line. After defendant removed the spur track over plaintiff's objections, plaintiff...

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