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CHILDREN'S MAGICAL GARDEN, INC. v. MAROM

Index No. 654960/19. Appeal No. 16894. Case No. 2022-00396.

211 A.D.3d 524 (2022)

178 N.Y.S.3d 434

2022 NY Slip Op 07146

Children's Magical Garden, Inc., Respondent, v. David Marom, Individually and as President of Horizon Group, et al., Appellants.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Goldenberg Law, P.C., New York (Andrew R. Goldenberg of counsel), for appellants.

Bleichmar Fonti & Auld LLP, New York (Benjamin F. Burry of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Mendez, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered December 27, 2021, which granted plaintiff's motion for summary judgment as to liability on its cause of action for trespass, unanimously affirmed, with costs.

Since 1997, plaintiff, a not-for-profit group, has continuously operated a garden on lots 16 and 18 of property located at 157 Norfolk Street in Manhattan. In July 2013, plaintiff signed an agreement with New York City allowing it to continue...

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