Easements By Implication—School’s Motion to Enjoin Adjacent Development Fails
PLAINTIFFS, THE NEW YORK STATE Dormitory Authority (DASNY) and City University of New York (CUNY), moved for a preliminary injunction to enjoin the defendants, a Roman Catholic Church (church) and a developer, from further construction along a property line between real property owned by the plaintiffs and the adjacent real property owned by the defendants. The defendants cross-moved, inter alia, to dismiss the complaint pursuant to CPLR §§3211(a)(7) and 6514.
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