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FRIENDS OF WICKERS CR. ARCHEOLOGICAL SITE, INC. v. LANDING ON THE WATER AT DOBBS FERRY HOMEOWNERS ASSN., INC.

2020-00724. Index No. 68836/17.

198 A.D.3d 728 (2021)

156 N.Y.S.3d 229

2021 NY Slip Op 05548

Friends of Wickers Creek Archeological Site, Inc., Respondent, v. Landing on the Water at Dobbs Ferry Homeowners Association, Inc., Appellant.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York, NY ( Jon Kolbrener of counsel), for appellant.

Pace Environmental Litigation Clinic, Inc., White Plains, NY ( Todd D. Ommen of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment, inter alia, declaring that the stipulation prevents the defendant from locking a gate on the subject footbridge during daylight hours and otherwise unreasonably blocking public access across the footbridge.

In November 2000, the plaintiff entered into a stipulation with the defendant...

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