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HILDRETH v. GOODELL

286 A.D. 278 (1955)

Hazel W. Hildreth, Appellant, v. Wesley Goodell et al., Respondents

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

July 7, 1955.

Attorney(s) appearing for the Case

Joe Schapiro for appellant.

Demong & Stickles for respondents.

BERGAN, COON and HALPERN, JJ., concur; IMRIE, J., dissents.

FOSTER, P. J.

Plaintiff and defendants are the owners of adjoining properties located on the Chittenango-Lakeport road in Madison County, New York. Plaintiff's property consists of a general store, and an apartment therein which the plaintiff occupies. The defendants' premises are residential in character.

Plaintiff claims a right by prescription for use as a driveway of a strip of land between the two...

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