Marfe v Cortese
Motion No: 2023-03923
Slip Opinion No: 2023 NY Slip Op 71061(U)
Decided on July 31, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M290314

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

LILLIAN WAN, JJ.

2023-03923

Henry Marfe, appellant,

v Anthony Cortese, et al., respondents.

(Index No. 501361/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Putnam County, dated April 19, 2023. Motion by the appellant for a preliminary injunction enjoining the respondents and their agents, servants, and employees or anyone operating under their direction or control from entering upon the subject property, including any adversely claimed portion thereof, or from installing or removing any fence, trees, bushes, shrubs, grass, dirt, leaves, or any other property on the real property described in the inset contained in Exhibit 10 to the affirmation of Dwight D. Joyce, dated April 24, 2023.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., CHAMBERS, CHRISTOPHER and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court