The following papers read on this motion by defendant Epic Tower LLC (Epic) for an order granting partial summary judgment dismissing plaintiff’s first and second causes of action, and the demand for legal fees, and granting summary judgment in its favor on its first, second and third counterclaims.PAPERS NUMBEREDNotice of Motion-Affidavits-Exhibits 1-4Answering-Affidavits-Exhibits 5-7Replying 8-10
*1 Upon the foregoing papers the motion is determined as follows:This action concerns adjoining parcels of real property owned by plaintiff X & Y Development Group, LLC (X & Y) and defendant Epic. Plaintiff X & Y acquired title to real property known as 42-31 Union Street, Flushing, New York (Block 5181 Lots 11, 14 and 15) from UP Associates LLP, pursuant to a deed dated December 7, 2007, and recorded on December 26, 2007. At the time said deed was recorded all three lots were designated as non-residential vacant land. Sometime thereafter, plaintiff commenced construction of a new building at said address.Defendant acquired title to the real property known as 41-62 Bowne Street, Flushing, New York (Block 5181 Lot 40), from Abdel Realty Inc., pursuant to a deed dated August 5, 2015, and recorded on September 8, 2015. At the time the defendant purchased said real property it was improved by a one-story brick building occupied by a supermarket. Epic has demolished said building and commenced preliminary construction activities at said property in March 2016.At issue here is a triangular portion of real property (the Triangle) that both plaintiff and Epic claim to own, and upon which plaintiff claims Epic is trespassing.Plaintiff X & Y commenced the within action on June 16, 2016, and alleges in its verified complaint that, among other things, defendant Epic has trespassed on plaintiff’s property in that it has performed excavation work, construction operations, soil borings, and mobilized construction workers in the Triangle and another area which it refers to as the “Undisputed Area”; that it has installed a construction fence upon the Triangle and Undisputed Area, and fenced and barricaded the Triangle; that it removed plaintiff’s chain link fence from the Triangle and Undisputed Area; that it has drilled piles within the Triangle and Undisputed Area; that it has removed and destroyed a rear gate that plaintiff
