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X&Y DEV. GROUP, LLC v. EPIC TOWER, LLC

2018-03848. Index No. 707065/16.

196 A.D.3d 732 (2021)

148 N.Y.S.3d 701

2021 NY Slip Op 04577

X&Y Development Group, LLC, Appellant, v. Epic Tower, LLC, Respondent, et al., Defendants.

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

Decided July 28, 2021.

Attorney(s) appearing for the Case

Bret L. McCabe , Glen Head, NY ( Lisa Solomon of counsel), for appellant.

Law Offices of Michael P. Berkley, P.C., Garden City, NY (Borchert & LaSpina [ Robert W. Frommer ], of counsel), for respondent and defendants AA General Construction Corp., Yin Chou Hu, and Vicente A. Magistrado.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff owns commercial real property located in Queens. In 2015, the defendant Epic Tower, LLC (hereinafter the defendant), purchased the adjoining property, demolished the building existing on that parcel, and began a project to construct a new building. The plaintiff subsequently commenced the instant action, seeking, in the first cause of action, an injunction requiring the defendant...

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