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BPGS LAND HOLDINGS, LLC v. FLOWER

616 CA 21-00013.

198 A.D.3d 1344 (2021)

155 N.Y.S.3d 666

2021 NY Slip Op 05413

BPGS Land Holdings, LLC, et al., Appellants, v. Elizabeth S. Flower, Respondent, et al., Defendants.

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

Decided October 8, 2021.

Attorney(s) appearing for the Case

SELLSTROM LAW FIRM, LLP, JAMESTOWN ( STEPHEN E. SELLSTROM OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

WRIGHT WRIGHT AND HAMPTON, JAMESTOWN ( JOSEPH M. CALIMERI OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion, reinstating the first cause of action against defendant Elizabeth S. Flower, and vacating the declaration that she has an ownership interest in the gas lease limited to the Residential Gas rights, and the cross motion insofar as it seeks a declaration is granted to the extent that:

It is adjudged and declared...

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