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CARNEY v. SCHOENHERR

Index No. EH2021-7658.

76 Misc.3d 285 (2022)

173 N.Y.S.3d 185

2022 NY Slip Op 22197

JACK CARNEY et al., Plaintiffs, v. DAVID SCHOENHERR, Individually and as Trustee of the SCHOENHERR LIVING TRUST DATED AUGUST 2, 2000, et al., Defendants.

Supreme Court, Hamilton County.

Decided June 23, 2022.

Attorney(s) appearing for the Case

O'Connor, O'Connor, Bresee & First, P.C., Albany ( Samantha V. Vedder of counsel), for defendants.

Norfolk Beier PLLC, Lake Placid ( Matthew D. Norfolk of counsel), for plaintiffs.

OPINION OF THE COURT

Motion by defendants to cancel the notice of pendency filed in the above, with costs and sanctions; and cross motion by plaintiffs to strike defendants' twelfth, sixteenth, seventeenth, eighteenth and nineteenth affirmative defenses.

Plaintiffs and defendants are owners of adjoining...

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