Appellate Division of the Supreme Court of New York, 2025

Shea v. Otero

Shea v. Otero
Appellate Division of the Supreme Court of New York · Decided October 3, 2025
2025 NY Slip Op 05414
Shea v. Otero

Opinion

Shea v Otero (2025 NY Slip Op 05414)

Shea v Otero
2025 NY Slip Op 05414
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: BANNISTER, J.P., MONTOUR, NOWAK, DELCONTE, AND KEANE, JJ.

750 CA 24-00943

[*1]TIMOTHY SHEA AND EILEEN SHEA, PLAINTIFFS-RESPONDENTS,

v

TAREK OTERO AND IRIS & WILLIAM, LLC, DEFENDANTS-APPELLANTS.




LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (FRANK J. JACOBSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BUCHANAN INGERSOLL & ROONEY PC, PITTSBURGH, PENNSYLVANIA (STEPHEN W. KELKENBERG OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered March 29, 2024, in an action pursuant to RPAPL article 15. The order, inter alia, granted the application of plaintiffs for a preliminary injunction enjoining violation of an easement agreement.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

Shea v Otero (2025 NY Slip Op 05414)

Shea v Otero
2025 NY Slip Op 05414
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: BANNISTER, J.P., MONTOUR, NOWAK, DELCONTE, AND KEANE, JJ.

750 CA 24-00943

[*1]TIMOTHY SHEA AND EILEEN SHEA, PLAINTIFFS-RESPONDENTS,

v

TAREK OTERO AND IRIS & WILLIAM, LLC, DEFENDANTS-APPELLANTS.




LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (FRANK J. JACOBSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BUCHANAN INGERSOLL & ROONEY PC, PITTSBURGH, PENNSYLVANIA (STEPHEN W. KELKENBERG OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered March 29, 2024, in an action pursuant to RPAPL article 15. The order, inter alia, granted the application of plaintiffs for a preliminary injunction enjoining violation of an easement agreement.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Opinion

Shea v Otero (2025 NY Slip Op 05414)

Shea v Otero
2025 NY Slip Op 05414
Decided on October 3, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: BANNISTER, J.P., MONTOUR, NOWAK, DELCONTE, AND KEANE, JJ.

750 CA 24-00943

[*1]TIMOTHY SHEA AND EILEEN SHEA, PLAINTIFFS-RESPONDENTS,

v

TAREK OTERO AND IRIS & WILLIAM, LLC, DEFENDANTS-APPELLANTS.




LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (FRANK J. JACOBSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BUCHANAN INGERSOLL & ROONEY PC, PITTSBURGH, PENNSYLVANIA (STEPHEN W. KELKENBERG OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered March 29, 2024, in an action pursuant to RPAPL article 15. The order, inter alia, granted the application of plaintiffs for a preliminary injunction enjoining violation of an easement agreement.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: October 3, 2025

Ann Dillon Flynn

Clerk of the Court



Case-law data current through December 31, 2025. Source: CourtListener bulk data.