COURTNEY v. 18TH & 8TH LLC

2405, 108499/07.

145 A.D.3d 471 (2016)

2016 NY Slip Op 08181

43 N.Y.S.3d 24

TODD COURTNEY et al., Appellants-Respondents, v. 18TH & 8TH LLC et al., Respondents-Appellants.

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

Decided December 6, 2016.


The motion court correctly dismissed the third and fourth causes of action pursuant to the doctrine of law of the case. In a prior order from which plaintiffs did not appeal, the court denied their motion for leave to amend the complaint to add those causes of action.

As to the first and second causes of action, defendants established prima facie that plaintiffs had no right to run a sewer pipe from 304 West 18th Street LLC's property to the main sewer line through...

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