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CITY OF NEW YORK v. PRUDENTI'S REST. ON THE RIV., INC.

2019-06732. Index No. 500281/17.

203 A.D.3d 1127 (2022)

163 N.Y.S.3d 449

2022 NY Slip Op 02110

City of New York, Appellant, v. Prudenti's Restaurant on the River, Inc., Respondent, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jane L. Gordon and Zachary S. Shapiro of counsel), for appellant.

Seddio & Associates, P.C., Brooklyn, NY ( Frank R. Seddio , and Abrams Fensterman, LLP [ Robert A. Spolzino ], of counsel), for respondent.

Iannacci, J.P., Miller, Maltese and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The City of New York commenced this action alleging that the defendant Prudenti's Restaurant on the River, Inc. (hereinafter the defendant), illegally constructed and maintained certain structures on property owned by the City. The City moved, inter alia, for summary judgment on the first, second, and third causes of action, for ejectment, removal of encroachments, and injunctive relief based...

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