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MATTER OF N47 ASSOCIATES LLC v. JEMSCO REALTY LLC

Index Nos. 159215/20, 190819/20. Appeal Nos. 171-172-173-174. Case Nos. 2022-00043, 2022-00044, 2022-02601, 2022-02602.

218 A.D.3d 413 (2023)

194 N.Y.S.3d 210

2023 NY Slip Op 03842

In the Matter of N47 Associates LLC, Appellant-Respondent, v. Jemsco Realty LLC, Respondent-Appellant. Jemsco Realty LLC, Respondent-Appellant, v. N47 Associates LLC, Appellant-Respondent.

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

Decided July 13, 2023.

Attorney(s) appearing for the Case

Rivkin Radler LLP, New York ( Pia E. Riverso of counsel), for appellant-respondent.

Armstrong Teasdale LLP, New York ( Andrew T. Lolli of counsel), for respondent-appellant.

Concur—Webber, J.P., Gesmer, González, Scarpulla, Mendez, JJ.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December 23, 2021, which, insofar as appealed from, denied Jemsco Realty LLC's motion for summary judgment on its claims and defenses based on adverse possession and prescriptive easement and granted N47 Associates LLC's cross-motion for summary judgment to the extent of dismissing Jemsco's trespass claim and its claims and defenses of adverse possession and prescriptive easement with respect to aerial encroachments...

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