BOARD OF MANAGERS OF THE BRITTON CONDOMINIUM, res, v. C.H.P.Y. REALTY ASSOCIATES, ap

BOARD OF MANAGERS OF THE BRITTON CONDOMINIUM, res, v. C.H.P.Y. REALTY ASSOCIATES, ap — (INDEX NO. 17732/10)In an action, inter alia, for a judgment declaring that the plaintiff has the right to access certain water pipes for the purpose of altering and repairing the same, the defendant appeals (1) from an order of the Supreme Court, Queens County (Weiss, J.), entered February 2, 2011, which granted the plaintiff's motion for a preliminary injunction directing it to grant the plaintiff access to certain water pipes for the purpose of altering and repairing the same, (2), as limited by its brief, from so much of a resettled order of the same court entered September 8, 2011, as granted the plaintiff's motion for a preliminary injunction directing it to grant the plaintiff access to certain water pipes for the purpose of altering and repairing the same, and (3) from stated portions of an order of the same court entered June 27, 2011, which, among other things, denied that branch of its motion, denominated as one for leave to renew pursuant to CPLR 2221(e), but, which was, in actuality, one for leave to reargue its opposition to the plaintiff's prior motion for a preliminary injunction, and denied, in effect, that branch of the same motion which was to vacate the preliminary injunction pursuant to CPLR 6314.

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BOARD OF MANAGERS OF THE BRITTON CONDOMINIUM, res, v. C.H.P.Y. REALTY ASSOCIATES, ap — (INDEX NO. 17732/10)In an action, inter alia, for a judgment declaring that the plaintiff has the right to access certain water pipes for the purpose of altering and repairing the same, the defendant appeals (1) from an order of the Supreme Court, Queens County (Weiss, J.), entered February 2, 2011, which granted the plaintiff’s motion for a preliminary injunction directing it to grant the plaintiff access to certain water pipes for the purpose of altering and repairing the same, (2), as limited by its brief, from so much of a resettled order of the same court entered September 8, 2011, as granted the plaintiff’s motion for a preliminary injunction directing it to grant the plaintiff access to certain water pipes for the purpose of altering and repairing the same, and (3) from stated portions of an order of the same court entered June 27, 2011, which, among other things, denied that branch of its motion, denominated as one for leave to renew pursuant to CPLR 2221(e), but, which was, in actuality, one for leave to reargue its opposition to the plaintiff’s prior motion for a preliminary injunction, and denied, in effect, that branch of the same motion which was to vacate the preliminary injunction pursuant to CPLR 6314.

ORDERED that the appeal from the order entered February 2, 2011, is dismissed, as that order was superseded by the resettled order entered September 8, 2011; and it is further,

BOARD OF MANAGERS OF THE BRITTON CONDOMINIUM, res, v. C.H.P.Y. REALTY ASSOCIATES, ap

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