HIGHLAND MEADOWS SENIOR HOUS. DEV. FUND CO., INC. v. WESTCHESTER COUNTY HEALTH CARE CORP.

2020-01212, Index No. 61400/17.

2024 NY Slip Op 02045

HIGHLAND MEADOWS SENIOR HOUSING DEVELOPMENT FUND COMPANY, INC., ET AL., Appellants, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Respondent.

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

Decided April 17, 2024.


Attorney(s) appearing for the Case

The Law Offices of Patrick J. Higgins, PLLC (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellants.

Morrison Cohen LLP, New York, NY ( Y. David Scharf , Kristin T. Roy , and Michael Mix of counsel), for respondent.

Before: Mark C. Dillon, J.P., Robert J. Miller, Paul Wooten, Deborah A. Dowling, JJ.


DECISION & ORDER

In an action to recover damages for breach of an easement agreement and for declaratory relief, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Gerald E. Loehr, J.), entered December 30, 2019. The order, insofar as appealed from, denied those branches of the plaintiffs' motion which were for summary judgment on the complaint and dismissing the defendant's second affirmative defense.

ORDERED that the order...

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