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LEAVITT ENTER., INC. v. TWO FULTON SQ., LLC

2018-14389, Index No. 702971/18.

181 A.D.3d 662 (2020)

120 N.Y.S.3d 363

2020 NY Slip Op 01606

Leavitt Enterprise, Inc., et al., Appellants, v. Two Fulton Square, LLC, et al., Respondents.

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

Decided March 11, 2020.

Ordered that the order is affirmed, with costs.

In 2007, the plaintiff Leavitt Enterprise, Inc. (hereinafter Leavitt), purchased certain property located in Queens (hereinafter the Leavitt property). In 2013, Leavitt began construction of a hotel on the Leavitt property. The defendant Two Fulton Square, LLC (hereinafter Two Fulton), is the owner of certain property adjacent to the Leavitt property (hereinafter the Two Fulton property).

On March 25, 2014, Leavitt...

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