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CONWELL PROPS., INC. v. DAG RTE. SIX, LLC

2019-08855. Index No. 500910/18.

210 A.D.3d 1051 (2022)

177 N.Y.S.3d 487

2022 NY Slip Op 06785

Conwell Properties, Inc., Appellant, v. DAG Route Six, LLC, Respondent.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Reisman Rubeo & Altman, LLP, Hawthorne, NY ( Mark I. Reisman , Mark A. Rubeo, Jr. , and Danielle M. White of counsel), for appellant.

Piscionere & Nemarow, P.C., Rye, NY ( Anthony G. Piscionere and Michael J. Konicoff of counsel), for respondent.

Connolly, J.P., Christopher, Wooten and Wan, JJ., concur.

In an action, inter alia, for declaratory and injunctive relief and to recover damages for breach of an easement agreement, the plaintiff appeals from an order of the Supreme Court, Putnam County (Thomas P. Zugibe, J.), dated July 16, 2019. The order denied the plaintiff's motion to strike the defendant's demand for a jury trial.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion to strike the defendant's demand for a jury trial...

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