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Akasa Holdings LLC v. 214 Lafayette House LLC

Government's Failure to Record Easement Does Not Void Easement's Original, Valid Recording

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DECISION AND ORDER

*1 In this action to quiet title pursuant to Article 15 of the Real Property Actions and Proceedings Law (RPAPL), defendant 214 Lafayette House, LLC (214 Lafayette) moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint. Plaintiff Akasa Holdings, LLC (Akasa) cross-moves, pursuant to CPLR 3212 (f) and 3124, to compel discovery. After oral argument, and after a review of the motion papers and the relevant case law, the motions are decided as follows.Akasa seeks to invalidate a July 1, 1981 declaration of easements (Krantz aff, exhibit 3)(the Declaration). Akasa owns a multi-floor unit at 55 Crosby Street (55 Crosby) in Manhattan. Akasa also owns the adjoining vacant lot to the north at 57 Crosby Street (57 Crosby), which abuts the rear wall of 216 Lafayette Street, as set forth in a schematic diagram (Krantz aff, exhibit 1). 214 Lafayette St. abuts 55 Crosby St. to the west, and 216 Lafayette to the north.Akasa purchased 55 Crosby and 57 Crosby (collectively the Crosby

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