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EION MICHAEL PROPS., LLC v. 102 BRUCKNER BOULEVARD REALTY LLC

306955/09, 2045A, 2045.

143 A.D.3d 622 (2016)

2016 NY Slip Op 06982

40 N.Y.S.3d 378

EION MICHAEL PROPERTIES, LLC, Appellant, v. 102 BRUCKNER BOULEVARD REALTY LLC, Respondent.

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

Decided October 25, 2016.

The motion court correctly determined that an issue of fact existed as to whether plaintiff's intended use of the easement over defendant's property was impaired beyond the convenience to which plaintiff was accustomed (see Robinson v Eirich, 2 A.D.3d 617, 618 [2d Dept 2003]; see also Thibodeau v Martin, 119 A.D.3d 1015, 1016 [3d Dept 2014]).

The trial court correctly granted defendant...

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