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

2018-04354. Index No. 707065/16.

196 A.D.3d 733 (2021)

148 N.Y.S.3d 709

2021 NY Slip Op 04578

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

Litchfield Cavo LLP, New York, NY ( Dennis J. Dozis and Morgan E. Mueller of counsel), for respondents.

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

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

As more expansively set forth in our decision and order on a related appeal (see X&Y Dev. Group, LLC v Epic Tower, LLC, 196 A.D.3d 732 [2021]), the plaintiff and the defendant Epic Tower, LLC (hereinafter the defendant), own adjacent properties in Queens. A dispute arose between them as to the ownership of a portion of property along the...

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