July 30, 2019 posted by

The FCC granted a license, the text of which contains this address. While Smiley claims that it has a prescriptive easement over the Passageway based upon Frame It’s use, Excello raises a question as to whether Frame It continuously used the Passageway, and therefore whether a prescriptive easement exists. Excello has an adequate remedy at law, and it does not assert that Excello would not be sufficiently compensated by an award of money damages see Elpac, Ltd. Excello shall have 30 days after service of a copy of this Decision with Notice of Entry to amend it’s answer. Activities Producer Distributor Service provider Bags and sacks, plastic. Plastic Man The Brooklyn Bags and sacks, plastic. EW The permit application was filed on Sep 18, Talk to the team.

Gloria Cohen Aronin granted plaintiff’s preliminary injunction, stating: To establish a prescriptive easement, a party must establish use of the property that is “adverse, open and notorious, continuous and uninterrupted for a ten year period” Pierce v Frost, AD2d []. Greenberg” , the owner of Frame It, where he states that, in over 35 years of Frame It’s tenancy in Smiley’s building, Frame It workers had never used the Passageway, he never went into the interior yard or the driveway to 25th Street, he was not aware whether or not the driveway was blocked by a gate, and there had never been any fire drills during Frame It’s tenancy at the Smiley property. Excellent Poly Brooklyn Bags and sacks, plastic. Americas Choice Poly Brooklyn Bags and sacks, plastic. Campagna also avers that, during the period of more than 30 years when he was working next door to what became the Excello property, he never observed unobstructed access to or egress from the driveway.

Campagna also avers that, during the period of more than 30 years when he was working next door to what became the Excello property, he never observed unobstructed access to or egress from the driveway. Americas Choice Poly Brooklyn Bags and sacks, plastic. Parcel ID owner name was listed as Mariolis John. In addition, Excello argues that the Passageway is not an acceptable means of egress under the New York City Administrative Code, and attaches the affidavit of its expert, Harry Meltzer, who also states that he does not believe that the existing fire passage is legal or usable at the present day.


Gloria Cohen Aronin granted plaintiff’s preliminary injunction, stating: Further, according to the affidavit of Smiley’s expert, Walter Raktke “Mr.

Excello Film Pak Inc.

In support, it refers to deposition testimony of Jon Smilowitz that the premises on 26th Street were built more than years ago, and that Third Avenue was built shortly thereafter.

They cite to the affidavits of both Excello It’s owner Mr. Lastly, Excello argues that Smiley offered no reasonable excuse for the extended delay in asserting said claims, and that it will excdllo prejudice by an amendment because, for exceolo, Excello could no longer give notice to its insurance carrier to permit it to defend on plaintiff’s additional negligence claim.

Greenberg stated that Frame It relied upon the use of the fire stairs, Passageway and interior yard for approximately 36 years without interruption; he routinely inspected the stairwell and courtyard which he always found to be “quite clear” ; and he maintained the Passageway in a clean condition. You can contact the company by fax In doing so, Excello also seeks to excwllo vacate the November 3, preliminary injunction. EQ The permit application pam filed on Dec 26, Moreover, Excello asserts that a prescriptive easement cannot exist here, where there was inferred permission to use the Passageway out of a relationship of neighborly cooperation and accommodation between the parties, rather than adverse use by Smiley.

So long as traverse across Excello’s property represents the sole existing means of exit for the tenants in Smiley’s building, Smiley has shown that it is likely to succeed on the merits. The application was submitted as Professionally Certified. Talk to the team. Giant Plastic Industries Brooklyn Bags and sacks, plastic. Lagmitz Paper And Plastic Executive information Download the executives list.

The Court finds fil, Smiley’s property damage cause of action results from the same conduct already pled in the original complaint, thereby relating back to said cause of action see Yaniv v Taub, AD2d [].

Smiley, however, contends that Frame It’s continued, uninterrupted, adverse, open and notorious use of the property for more than thirty six years pal a prescriptive easement. Known organization president is Robert Ehrman.


Not quite what you’re looking for?

Smiley counters that the amended property damage cause of action is “tolled” pursuant to the relation back doctrine, and that Excello could not be prejudiced because it was already aware of such damages. Smiley subsequently commenced this action by Order to Show Cause, seeking a temporary restraining order directing Excello to remove all construction and to restore the property in accordance with applicable building and zoning ordinances and plans filed with the City of New York.

Excello Film Pak Inc, Brooklyn, NY – 25th St. – Bags: Plastic, Laminated, and Coated

You can find the contact information below. Write a review Quick Edit Claim. Excellent Poly Brooklyn Bags and sacks, plastic.

All the lines are busy at the moment, please try again in a moment. To be entitled to a preliminary injunction pursuant to CPLRa party must demonstrate: The decision to permit or deny an amendment is entrusted to the sound discretion of the court see Murray v City nic New York, 43 NY2d[].

Excello maintains that the Code, which was adopted indoes not retroactively apply to the property, which was paak prior to Excello Film Pak Inc. Excello Film Pak Inc 25th St.


Advanced Distributors I Brooklyn Bags and sacks, plastic. Excello contends that the motion is not supported by an affidavit of anyone with personal knowledge of the facts and circumstances, and that the original pleading did not give notice of the claims that Smiley seeks to include in the amended complaint. Advanced Retail Products Salem Bags and sacks, plastic. It argues that Frame It routinely inspected and maintained the Passageway, stairway and interior yard to ensure that there were no obstructions.

In support, it cites to the affidavit of Excello’s owner, Robert Ehrman “Mr.