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MATTER OF PARK RESIDENCE CONDOS, LLC v. 348 13TH ST., LLC

2018-05920, 2018-09763, 2018-09871. Index No. 506559/15.

189 A.D.3d 1249 (2020)

134 N.Y.S.3d 227

2020 NY Slip Op 07579

In the Matter of Park Residence Condos, LLC, et al., Appellants, v. 348 13th Street, LLC, et al., Respondents, and Jill Simeone et al., Respondents.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY ( Anna Higgins of counsel), for appellants.

Davidoff Hutcher & Citron, LLP, New York, NY ( Derek Wolman and Andrew K. Rafalaf of counsel), for respondents-respondents.

Chambers, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.

Ordered that the appeals from the orders are dismissed, as the orders were superseded by the judgment; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that on bill of costs is awarded to the respondents Jill Simeone and Stephen Kitts.

RPAPL 881 authorizes a court to issue a license permitting the temporary entrance onto the property of another when necessitated by construction...

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