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LOCH SHELDRAKE ASSOCS. v. EVANS

280 A.D. 51 (1952)

Loch Sheldrake Associates, Inc., Respondent, v. Gussie Evans, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.

Attorney(s) appearing for the Case

Morris M. Oppenheim, F. Walter Bliss and Robert H. Ecker for appellant.

Lazarus I. Levine and Bernard L. Levine for respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

FOSTER, P. J.

This action involves the rights of the parties to the use of water from Loch Sheldrake Lake, between the natural low and high watermarks thereof. Plaintiff concedes the right of the defendant to the use of such water but claims that the right is limited to the use thereof for power purposes alone, in connection with a mill site located on the outlet of the

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