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Decided on November 23, 2004
Supreme Court, Queens County

2869/03
James P. Dollard, J.
In this action for declaratory judgment, defendants Duane Reade and The Dorothy Basson Martin Trust (Martin Trust) seek an order (1) granting summary judgment dismissing the complaint with prejudice; (2) granting judgment in their favor on the counterclaims for declaratory judgment, a permanent injunction and compensatory and punitive damages for trespass; (3) imposing sanctions in the form of attorneys fees, costs and disbursements, pursuant to 22 NYCRR

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New York Law