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168-170 FLUSHING AVE, LLC v. FEBRUARY 22, LLC

2016-07874. Index No. 505248/13.

165 A.D.3d 742 (2018)

86 N.Y.S.3d 592

2018 NY Slip Op 06710

168-170 Flushing Ave, LLC, Respondent, v. February 22, LLC, Appellant, et al., Defendant.

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

Decided October 10, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff and the defendant Febrauary 22, LLC (hereinafter the defendant), own adjoining real property in Brooklyn. The plaintiff acquired its property, which had been developed as a gas station and automobile repair shop, in 2002. In 2013, shortly after acquiring its property, the defendant demanded that the plaintiff remove a portion of the automobile repair shop garage and driveway which...

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