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MASTROBATTISTA v. BORGES

5364, 111452/06.

157 A.D.3d 435 (2018)

69 N.Y.S.3d 4

2018 NY Slip Op 00039

JOHN D. MASTROBATTISTA, Appellant, et al., Plaintiff, v. RAQUEL MOURA BORGES et al., Respondents, et al., Defendants.

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

Decided January 2, 2018.

This action arises from a dispute between the owners of neighboring properties located on East 62nd Street in Manhattan. Plaintiff John Mastrobattista owns the building located at 169 E. 62nd Street. Defendant A2B LLC owns the adjacent building, located at 167 E. 62nd Street; defendant Raquel Moura Borges is the former managing member of A2B. The buildings share a party wall.

In or about January 2004, defendants developed a plan for a vertical expansion of their premises...

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