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8 JANE ST. LLC v. PETRONE

Index No. 653903/13. Appeal. No. 14272. Case No. 2021-01005.

198 A.D.3d 401 (2021)

156 N.Y.S.3d 1

2021 NY Slip Op 05279

8 Jane Street LLC, Respondent, v. Deborah C. Petrone et al., Appellants.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Charles Weinstock , New York, for appellants.

Pryor Cashman LLP, New York ( M. Mona Simonian of counsel), for respondent.

Concur— Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

Plaintiff alleges, inter alia, that defendants trespassed upon and damaged its property, which shares a party wall with their property.

The first counterclaim seeks a declaration that certain structures that plaintiff constructed on the party wall, which allegedly encroach onto defendants' property, must be removed, an injunction ordering the removal of such structures, and damages. The motion court correctly found issues...

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