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BUHOLTZ v. ROCHESTER TEL. CORP.

40 A.D.2d 283 (1973)

Frank Buholtz, Respondent, v. Rochester Telephone Corporation, Appellant

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

January 18, 1973.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (G. Robert Witmer, Jr., and John B. Hood of counsel), for appellant.

Kennedy, Ryan & Shields (John A. Shields of counsel), for respondent.

GOLDMAN, P. J., MOULE, CARDAMONE and HENRY, JJ., concur.

MARSH, J.

This is an appeal from an order denying the motion of defendant-appellant for summary judgment, and dismissing defendant's first and second affirmative defenses and counterclaim. Respondent Frank Buholtz owns property in the Village of Naples, New York, located in the northeast quadrant formed by the intersection of Maxfield Road on the west and Eelpot Road on the south.

On August 12, 1954,...

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