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GREENCOVE ASSOCIATES, L.L.C. v. EQUISTATE, L.L.C.

278 A.D.2d 276 (2000)

718 N.Y.S.2d 213

GREENCOVE ASSOCIATES, L. L. C., Appellant-Respondent, v. EQUISTATE, L. L. C., Respondent-Appellant.

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

Decided December 11, 2000.

Ordered that the order is affirmed, without costs or disbursements.

In support of its cross motion for summary judgment on the complaint and dismissal of the counterclaims, the plaintiff failed to make out a prima facie case that it is entitled to judgment as a matter of law. There are triable issues of fact concerning, inter alia, whether the general public used the portion of the plaintiff's property over which...

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