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TOWER BROADCASTING, LLC v. EQUINOX BROADCASTING CORP.

453 CA 17-02126.

160 A.D.3d 1435 (2018)

76 N.Y.S.3d 335

2018 NY Slip Op 02978

Tower Broadcasting, LLC, Respondent, v. Equinox Broadcasting Corp., Appellant.

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

Decided April 27, 2018.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that it owns a broadcast tower located on real property owned by defendant and has a right to remove the tower from that property. Defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (7), contending that plaintiff failed to state a cause...

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