FIELDS ENTERS. INC. v. BRISTOL HARBOUR VIL. ASSN., INC.

1013 CA 20-01190.

200 A.D.3d 1710 (2021)

155 N.Y.S.3d 860

2021 NY Slip Op 07417

Fields Enterprises Inc. et al., Appellants-Respondents, v. Bristol Harbour Village Association, Inc., Respondent-Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

KNAUF SHAW LLP, ROCHESTER ( ALAN J. KNAUF OF COUNSEL), NIXON PEABODY LLP, AND GOLDBERG SEGALLA LLP, BUFFALO, FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( R. ANTHONY RUPP, III , OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.


It is hereby ordered that said cross appeal is dismissed and the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs own and operate the Bristol Harbour Marina on Canandaigua Lake. The marina is lakeside at the bottom of a steep cliff and is accessible only by an elevator or staircase, both of which are on real property owned by defendant. Plaintiffs commenced this action seeking, inter alia, a permanent injunction preventing defendant...

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