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KAHN PROPERTY OWNER, LLC v. FRUCHTHANDLER

Index No. 622421/2021.

2023 NY Slip Op 23402

KAHN PROPERTY OWNER, LLC; and COLD SPRING HILLS DEVELOPMENT, LLC, Plaintiffs, v. YEHOSHUA LIEB FRUCHTHANDLER; OHEKA DEVELOPMENT LLC; FBE LIMITED III, LLC D/B/A FBE LIMITED, LLC and COLD SPRING COUNTRY CLUB, INC., Defendants.

Supreme Court, Suffolk County.

Decided October 30, 2023.

Attorney(s) appearing for the Case

JASPAN SCHLESINGER LLP, 300 Garden City Plaza, 5th Floor, Garden City, NY 11530, Attorneys for the Plaintiffs.

HERRICK FEINSTEIN LLP, 2 Park Avenue, New York, NY 10016, Attorneys for Defendants Yehoshua Lieb Fruchthandler, Oheka Development LLC, FBE Limited III.

FARRELL FRITZ, P.C., 100 Motor Parkway, Suite 138, Hauppauge, NY 11788, Attorney for Defendants Yehoshua Lieb Fruchthandler, FBE Limited III and Cold Spring Country Club.

DANIEL LOGAN MILLMAN, ESQ. , 500 N. Broadway, Suite 153 Jericho, NY 11753, Attorney for Defendant Cold Spring Country Club, Inc.

AVRUTINE & ASSOCIATES, PLLC, 2116 Merrick Avenue, Suite 2004, Merrick, NY 11566, Attorneys for Defendant Cold Spring Country Club, Inc.

The case at bar is an action sounding in breach of contract and tortious interference with prospective economic advantage. Plaintiffs seek monetary damages in addition to a declaratory judgment. Specifically, Kahn seeks,

. . . a declaration as to its easement over (a) East Gate Drive and (b) those portions of property owned...

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