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HALABY v. DENZAK

794.1 CA 21-01120.

211 A.D.3d 1533 (2022)

181 N.Y.S.3d 807

2022 NY Slip Op 07344

Samuel A. Halaby, Jr., Appellant-Respondent, v. James M. Denzak et al., Respondents-Appellants.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

FRANK A. ALOI, ROCHESTER, FOR PLAINTIFF-APPELLANT-RESPONDENT.

FINUCANE AND HARTZELL, PITTSFORD (THOMAS CARROLL HARTZELL JR. OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Gail Donofrio, J.), dated May 7, 2021. The order and judgment, among other things, granted in part and denied in part the motion of defendants for a directed verdict dismissing the complaint, and granted plaintiff judgment prohibiting defendants from constructing certain structures on their property.

It is hereby ordered...

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