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MARTE v. BOERUM JOHNSON, LLC

2020-09274, 2021-01104. Index No. 518962/19.

220 A.D.3d 638 (2023)

195 N.Y.S.3d 809

2023 NY Slip Op 04958

Emenegilda Marte et al., Appellants, v. Boerum Johnson, LLC, Respondent.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

The Sharova Law Firm, Brooklyn, NY (Charles W. Marino of counsel), for appellants.

Borchert & LaSpina, P.C., Whitestone, NY (Robert W. Frommer of counsel), for respondent.

Dillon, J.P., Miller, Wooten and Taylor, JJ., concur.

In an action, inter alia, for a judgment declaring that the plaintiffs have an easement over the defendant's property, the plaintiffs appeal from (1) an order of the Supreme Court, Kings County (Dawn M. Jimenez-Salta, J.), dated October 29, 2020, and (2) an order of the same court dated January 7, 2021. The order dated October 29, 2020, granted the defendant's motion for summary judgment dismissing the complaint and, in effect...

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