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FINK v. FRIEDMAN

78 Misc.2d 429 (1974)

Ira Fink et al., Plaintiffs, v. Paul M. Friedman et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 11, 1974

Attorney(s) appearing for the Case

Pratt, Caemmerer & Cleary (George Costigan of counsel), for plaintiffs. John F. O'Shaughnessy, Town Attorney (John Capelli of counsel), for Town Board of Zoning Appeals, defendant. Cohn & Foley (William Cohn of counsel), for Paul M. Friedman and another, defendants. Adolph J. Eckhardt and Arnold Kert for Ronald J. Kolmel and another, defendants. Zane & Zane (James Zane of counsel), for Northeastern Title Guaranty Corp., defendant.

BERTRAM HARNETT, J.

Neighbor Finks' garage was constructed by builder 666 Realty Corp. (666) so close to neighbor Flood-Kolmel's angular property line that driveway entry to the garage in its present state requires passage over Flood-Kolmel land. In a local donnybrook, unfortunately common to neighborhood boundary disputation, the Finks seek here a declaration of easement (either express or implied) over their neighbor's property, or in the alternative...

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