SHEHAN v. COMMISSO

2019-02745. Index No. 16461/15.

201 A.D.3d 835 (2022)

162 N.Y.S.3d 93

2022 NY Slip Op 00328

Mark T. Shehan, Appellant, v. Louis Commisso et al., Respondents.

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

Decided January 19, 2022.


Attorney(s) appearing for the Case

Welby, Brady & Greenblatt, LLP, White Plains, NY ( Alan D. Singer of counsel), for respondents.

Richard T. Haefeli , Westhampton Beach, NY, for appellant.

Connolly, J.P., Chambers, Hinds-Radix and Miller, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' cross motion for summary judgment dismissing the complaint and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, with costs.

The plaintiff and the defendants own adjoining parcels of property within a subdivision originally owned by the estate of Ralph L. Cutter (hereinafter the grantor). The subdivision initially...

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