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

2019-11255, 2020-01752. Index No. 500910/18.

210 A.D.3d 1051 (2022)

181 N.Y.S.3d 95

2022 NY Slip Op 06786

Conwell Properties, Inc., Respondent-Appellant, v. DAG Route Six, LLC, Appellant-Respondent. (Appeal No. 1.). Conwell Properties, Inc., Respondent, v. DAG Route Six, LLC, Appellant. (Appeal No. 2.).

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Piscionere & Nemarow, P.C., Rye, NY ( Anthony G. Piscionere and Michael J. Konicoff of counsel), for appellant-respondent in Appeal No. 1 and appellant in Appeal No. 2.

Reisman Rubeo & Altman, LLP, Hawthorne, NY ( Mark I. Reisman and Mark A. Rubeo, Jr. , of counsel), for respondent-appellant in Appeal No. 1 and respondent in Appeal No. 2.

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, (1) the defendant appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Putnam County (Thomas P. Zugibe, J.), dated September 17, 2019, and (2) the defendant appeals from an order of the same court dated February 5, 2020. The order dated September 17, 2019, insofar as appealed from...

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