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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Payne v. Rivera, 28 Misc. 3d 469 (2010)

Citation
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Parent Document
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Jurisdiction
New York (state)
Effective Date
2010-05-14

Full Text

1,077 chars
The court disagrees. The allegations concerning heat, gas, hot water, and electricity are set out in a conclusory fashion. One building has its entrance on Stockholm Street while the other has its entrance on Irving Avenue. Respondents characterize *472the buildings as a front structure and a rear structure, but they do not state whether the buildings are attached, semi-attached, adjacent, or otherwise. Copies of photographs annexed as exhibits,3 however, seem to show that the buildings are separated from each other by a distance which the court estimates at 20 feet. In addition, one photograph shows a van parked between the two buildings with several feet of space on either side of the van; from the photograph alone, one cannot rule out that the space is not simply a driveway into the parcel but instead is one end of a private street or alleyway that runs parallel to Irving Avenue for the length of the entire block. The court declines to hold that the moving papers demonstrate as a matter of law that the two buildings constitute a horizontal multiple dwelling.