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GREEN HILLS (USA), LLC v. MARJAM OF REWE ST., INC.

2017-08176. Index No. 504774/14.

208 A.D.3d 1156 (2022)

174 N.Y.S.3d 134

2022 NY Slip Op 05152

Green Hills (USA), LLC, Appellant, v. Marjam of Rewe Street, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. A&I Realty Corp., Inc., Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York, NY ( Mary Gabriel of counsel), for appellant.

Nossaman LLP, New York, NY ( Edward K. Roggenkamp IV of counsel), for defendants third-party plaintiffs-respondents and third-party plaintiff-respondent.

Barros, J.P., Brathwaite Nelson, Miller and Zayas, JJ., concur.

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

In February 1996, the defendants, Marjam of Rewe Street, Inc., Marjam Supply of Rewe Street, LLC, and Marjam Supply Co., Inc., erected a 40-foot high sign, advertising their businesses and location, on the corner of Vandevoort Street and 2 Rewe Street. In 2013, the plaintiff, who had purchased 2 Rewe Street in 2001, had a survey of 2 Rewe Street conducted...

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