IVES v. FIELDPOINT COMMUNITY ASSOCIATION, INC.

2017-08003, 2017-11115, 2018-04895. Index No. 71013/14.

197 A.D.3d 1248 (2021)

153 N.Y.S.3d 568

2021 NY Slip Op 05028

Alan J. Ives et al., Appellants, v. Fieldpoint Community Association, Inc., Respondent.

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

Decided September 22, 2021.


Attorney(s) appearing for the Case

Blancato Law Offices, P.C., Tarrytown, NY ( Richard T. Blancato of counsel), for appellants.

Miranda Sambursky Slone Sklarin Verveniotis, LLP, Elmsford, NY ( Richard S. Sklarin of counsel), for respondent.

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


Ordered that the appeal from the order dated June 26, 2017, is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof dismissing the first and fourth causes of action, and adding a provision thereto declaring that the defendant's actions in denying approval for the fence installed by the plaintiffs were within the scope of its...

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