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Co-ops and Condominiums
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement
DLK, LLC v. Kireland-B, LLC, 2024 WL 1862799 AppDiv, First Dept. (memorandum opinion)
In an action by commercial condominium owner for a declaration that a neighboring condominium encroaches onto its space, for an order directing the neighboring condominium owner to move the wall dividing the premises, and for money damages, the complaining owner appealed from Supreme Court's grant of neighbor's summary judgment motion and declaration that neighbor has an easement over the encroaching space. The Appellate Division affirmed, holding that even if the easement was not recorded against the complaining owner's unit, the complaining owner was on inquiry notice of the easement.
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