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PERES v. SEA GATE ASS'N

24 A.D.2d 899 (1965)

Ruth Peres, on Behalf of Herself and All Other Motorists of The State of New York, Appellant-Respondent, v. Sea Gate Association, Respondent-Appellant

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

November 29, 1965

Order modified by striking out the provision denying defendant's cross motion for summary judgment and by substituting a provision granting such motion. As so modified, order, insofar as appealed from by the respective parties, affirmed, with $10 costs to appellant Sea Gate Association.

In our opinion, the plaintiff failed to establish that Neptune Avenue, inside the defendant's private property area, is a public thoroughfare...

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