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SHAPIRO v. JACKEL

65 A.D.3d 578 (2009)

884 N.Y.S.2d 454

HARVEY M. SHAPIRO et al., Appellants, v. MICHAEL W. JACKEL, Respondent.

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

Decided August 11, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action is denied.

The plaintiffs commenced this action, inter alia, to permanently enjoin the defendant from interfering with their use of what they refer to as "Daisy Lane" as a means of access to their own property. Insofar as there is some dispute...

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