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159 SMITH, LLC v. BOREUM HILL PROP. HOLDINGS, LLC

2019-08969. Index No. 520414/18.

191 A.D.3d 741 (2021)

141 N.Y.S.3d 486

2021 NY Slip Op 00823

159 Smith, LLC, Respondent, v. Boreum Hill Property Holdings, LLC, Appellant, et al., Defendants.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Ronald Francis , New York, NY, for appellant.

The Law Firm of Elias C. Schwartz, PLLC, Great Neck, NY ( Michelle C. Englander and Sarah R. Gitomer of counsel), for respondent.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, to fix an appropriate undertaking pursuant to CPLR 6312.

The plaintiff is the owner of a building located at 159 Smith Street in Brooklyn. The defendant Boreum Hill Property Holdings, LLC (hereinafter Boreum Hill), owns a lot adjoining the plaintiff's building. In 2018, Boreum Hill began constructing a new building on that lot. The plaintiff alleges that...

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